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Tenant orders

Social housing​ matters

In social housing matters, a tenant or occupant can apply to NCAT for the following orders under the Residential Tenancies Act 2010.

​​Note: The NSW Housing Appeals Committee​ deals with appeals from people who are unhappy with a decision made by a social housing provider, such as eligibility, allocations, rent subsidies and transfers.​

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Starting the tenancy

Tenancy agreement

Orders about terms in an agreement, the validity of a residential tenancy agreement, or to make a landlord enter into an agreement with a tenant.

​Section ​Orders ​Time limit ​Information required
11 ​An order that an agreement is or is not a residential tenancy agreement under the Act ​- ​Provide full details about the agreement and why you think it is or is not a residential tenancy agreement under the Act.
16 ​An order that a landlord prepare and enter into a written residential tenancy agreement ​- ​Provide details about the tenancy
20(3) ​An order that mandatory terms be included or varied for long term leases of 20 years or more ​- ​Provide details about the tenancy
​21 ​An order that a term of a residential tenancy agreement is void or partly void because the term is inconsistent with the Act or Regulations ​- ​Explain which part of the Act you believe the term of the agreement is inconsistent with

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Pre-agreement matters

Orders about pre-agreement matters such as holding fees and the ingo​ing condition report.

Section ​Orders ​Time limit ​Information required
​25 ​An order about a holding fee -​ ​Provide details about the holding fee and explain when it was paid and why you want it returned
31 ​An order about amending the condition report ​- ​Provide details about the part of the condition report you wish to amend and why

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Tenancy databases

Orders about the removal of incorrect, out-of-date or unjust listings from a tenancy database. Visit NSW Fair Trading's website for more about tenancy databases.

Section ​Orders ​Time limit ​Information required
217 ​An order that personal information about a person in a residential tenancy database be wholly or partly removed, be amended or not be listed ​- Explain why this order is necessary.  Provide details about your listing in the residential tenancy database, including the name and address of the database provider. Provide details about your listing in the residential tenancy database, including the name and address of the database provider.

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During the tenancy

Access to premises

Orders specifying or limiting access by landlord or other authorised person to the residential premises, or damaged caused during access.  Visit NSW Fair Trading's website for more about privacy when renting.

Section ​Orders ​Time limit ​Information required
61(1) ​An order specifying or limiting the days and times, and purposes for which, entry to the residential premises by a landlord or other person is authorised ​- ​List the days and times when you are proposing to give access to the landlord or other person
61(2) ​An order that the landlord or landlord's agent pay compensation for damage to or loss of the tenant's goods caused by the landlord or landlord's agent while accessing the premises  ​- ​List the goods that have been damaged or lost while the landlord or agent has been accessing the premises and provide details of the money amount you are claiming

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Alterations and additions

Orders relating to alterations or additions to the residential premises, such as removing or adding fixtures and other changes. Visit NSW Fair Trading's website for more about asking to make an alteration.

Section ​Orders ​Time limit ​Information required
68(1)(a) ​An order that the tenant may install a fixture or make a renovation, alteration or addition to the residential premises ​- ​Explain why this order is necessary. Provide details about the fixture you wish to install or the renovation, alteration or addition you wish to make.
68(1)(b) ​An order that the tenant may remove a fixture installed by the tenant ​- ​Explain why this order is necessary. Provide details about the fixture you wish to remove and how you will rectify any damage which may result.

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Change of tenant

Orders to recognise or transfer a tenancy agreement to a tenant, co-tenant or occupant.

​Section ​Orders ​Time limit ​Information required
​75(5)

​An order that the tenant may transfer a tenancy or sub-let the residential premises
N
ote: Applies only if an original tenant under the tenancy agreement remains (see s75(2) of the Act)

​- ​Explain why this order is necessary and provide details of how you wish to partially transfer the tenant or sub-let the premises
​79 ​An order recognising a remaining occupant as a tenant if the tenant or co-tenant is prohibited by a final apprehended violence order from having access to the residential premises ​- ​Explain why you would like the Tribunal to make this order and provide details about the final apprehended violence order (AVO)
125 ​An order vesting a tenancy over the residential premises ​Within 30 days after being given notice of the proceedings for recovery of possession of premises ​Explain whether you were a tenant or former tenant when legal proceedings were started and provide us with the reasons why the tenancy should be given to you

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General orders

General orders relating to a residential tenancy agreement, such as compensation or breach of the agreement.

Section ​Orders ​Time limit ​Information required
187(1)(a) ​An order that restrains any action in breach of a residential tenancy agreement ​Within 3 months after becoming aware of the breach ​Provide full details about the term/s of the agreement that have been broken
187(1)(b) ​An order that requires an action in performance of a residential tenancy ​Within 3 months after becoming aware of the breach ​Provide full details about the term/s of the agreement that have been broken
​187(1)(c)

​An order for the payment of an amount of money
Note: Maximum claim $15,000

​- ​Provide full details as to why the Tribunal should order payment to you and list the particulars and amount of each item being claimed
187(1)(d)

​An order for compensation
Note: Maximum claim $15,000

​- ​Provide full details as to why the Tribunal should order the landlord to pay compensation to you
187(1)(e) ​An order that a party to a residential tenancy agreement perform such work or take such other steps as the order specified to remedy a breach of the agreement ​Within 3 months after becoming aware of the breach ​Provide full details about the term/s of the agreement that have been broken and the remedy you are seeking
​187(1)(f) ​An order that requires payment of part or all of the rent payable under a residential tenancy agreement to the Tribunal until the whole or part of the agreement has been performed or any application for compensation has been determined ​- ​Provide full details as to why the rent should be paid to the Tribunal
187(1)(g) ​An order that requires rent paid towards the cost of remedying a breach of the residential tenancy agreement or towards the amount of any compensation ​- ​Provide full details as to why the Tribunal should order that rent paid should be used toward the cost of remedying a breach or toward compensation
​187(1)(h) ​An order directing a landlord to comply with a requirement of this Act or the regulations ​- ​Provide full details about the sections of the Act that the landlord is failing to comply with
​187(1)(i) ​A general termination order or an order for possession of the premises ​- ​Explain why you would like the Tribunal to make this order
​187(1)(j) ​An order directing a landlord or landlord's agent to give a former tenant or person authorised by a former tenant access to residential premises for purpose of recovering goods of the former tenant or fixture that the former tenant is entitled to remove ​- ​Provide details about the goods or fixture which remain at the residential premises and explain why you would like the Tribunal to make this order

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Mortgagee repossession

Orders about mortgagee repossession. Visit NSW Fair Trading's website for more about mortgagee repossession.

​Section ​Orders ​Time limit ​Information required
​122 ​An order for the repayment of any amount of rent, fee or other charge paid to occupy the residential premises after receiving notice to vacate where a mortgagee is entitled to possession ​- ​You must provide the date of the notice to vacate and list any amounts of rent, fees or other charges paid after that date

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Payment of rent

Orders about the payment or repayment of rent.

Section ​Orders ​Time limit ​Information required
​45 ​An order reducing the rent payable where the unusable, uninhabitable or destroyed
Note: The residential tenancy agreement may also be terminated in these circumstances (see s 109 orders)
​- ​Provide details of the current rent and how the premises are unusable, uninhabitable or destroyed
​46 ​An order for the payment of rent paid in excess of an amount specified by the Tribunal ​- ​Provide copies of rent records or receipts
​47 ​An order for the repayment of rent or other payments made by the tenant contrary to the Act or the tenancy agreement ​- ​Provide copies of rent records or receipts

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Rent increase

Orders about rent increases. Visit NSW Fair Trading's website for more about rent increases

Section ​Orders ​Time limit ​Information required
44(1)(a) An order that a rent increase is excessive​ ​Within 30 days after notice of increase is given ​Provide evidence of the general market level of rents for the same kind of premises in the same or similar area, and any other information such as the state of the premises or work you have done to the premises
44(1)(b) ​An order that the rent payable is excessive due to the reduction or withdrawal of any goods, services or facilities provided with the residential premises ​- ​Provide details of the goods, services or facilities the landlord has reduced or withdrawn and the date on which this occurred

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Repairs

Orders about repairs to the residential premises. Visit NSW Fair Trading's website for more about getting repairs done.

Section ​Orders ​Time limit ​Information required
​65(1)(a) ​An order that the landlord carry out repairs ​- ​Explain what repairs you want carried out
65(1)(b) ​An order that the landlord reimburse the tenant an amount of money for urgent repairs carried out by the tenant
Note: Maximum claim $1,000
​- ​Provide full details of the urgent repairs carried out and the cost of the repairs
65(5) ​An order that all or part of the rent payable be paid into the Tribunal until repairs are carried out ​- ​Explain why you are requesting this order

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Security and safety

Orders about locks, security or other opening devices and information.

Section ​Orders ​Time limit ​Information required
73(a) ​An order to allow a lock or security device to be changed or removed or added ​- ​Explain why this order is necessary and what change you want made
73(b) ​An order authorising the tenant to refuse to give the landlord a copy of a key or other opening device or information ​- ​Explain why this order is necessary
73(c) ​An order requiring a copy of a key or other opening device or information to be given to the tenant ​- ​Explain why this order is necessary

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Unusable, uninhabitable or destroyed premises

Orders reducing the rent payable or terminating the tenancy agreement when the rented premises has become wholly or partly uninhabitable.

Section ​Orders ​Time limit ​Information required
​45 ​An order reducing the rent payable where the premises are unusable or uninhabitable or destroyed ​- ​Provide details of the current rent and how the premises are unusable, uninhabitable or destroyed
109 ​A termination order where the agreement is frustrated ​Within 30 days after termination date specified in termination notice ​Provide details about when and how the premises have become unusable, uninhabitable or destroyed

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Ending the tenancy

Termination of tenancy

Orders terminating (ending) the residential tenancy agreement and giving possession of the premises back to the landlord. Visit NSW Fair Trading's website for more about breaking a lease early

Section ​Orders ​Time limit ​Information required
103 ​A termination order where the landlord has breached the residential tenancy agreement
Note: Tenant may make an application under this section without giving landlord a termination notice
​Within 3 months after becoming aware of the breach ​Provide details about the breach including the dates when the breach occurred
104 ​A termination order due to hardship
Note: Tenant may make an application under this section without giving landlord a termination notice
​- ​Explain how you would suffer undue hardship if the tenancy were not terminated, for example financial statements or health records)
108 ​A termination order due to the death of the sole tenant ​Within 30 days after the termination date specified in the termination notice ​Provide the date for termination of the tenancy
​109 ​A termination order where the agreement is frustrated ​Within 30 days after the termination date specified in the termination notice ​Provide details about when and how the premises have become unusable or uninhabitable or destroyed or appropriate by an authority
​111 ​An order declaring that a termination notice was or was not given in accordance with the Act ​- ​Provide details about the termination notice and how it was served
​115 ​An order declaring that a termination notice has no effect because it was a retaliatory notice ​Within 30 days after being served with the termination notice, if notice was given under s 85 (termination of periodic agreement) or within 14 days in any other case ​Provide details about the termination notice and explain how you believe it was retaliatory
187(1)(i) ​A general termination order or an order for possession of the premises ​- ​Explain why you would like the Tribunal to make this order

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Co-tenants

Orders terminating (ending) the residential tenancy agreement of a co-tenant.

Section ​Orders ​Time limit ​Information required
​101 ​An order requested by one co-tenant, terminating the residential agreement, where a termination notice has previously been given by another co-tenant ​- ​Explain why you want the Tribunal to make this order. Provide details of the termination notice and termination date. Provide a copy of the residential tenancy agreement.
102 ​An order requested by one co-tenant, terminating their own tenancy or the tenancy of another co-tenant under the agreement, or terminating the residential tenancy agreement entirely ​- ​Explain why you want the Tribunal to make this order, including the special circumstances of the case. Provide a copy of the residential tenancy agreement and the landlord's details.

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Rental bond

Orders about the payment of the rental bond. Visit NSW Fair Trading's website for more about making a bond claim.

​Section ​Orders ​Time limit ​Information required
175 ​An order regarding the payment of a rental bond
Note: You must notify NSW Fair Trading if you apply for rental bond orders
​Within 6 months after the bond is paid Provide the amount and details of each item claimed, with reasons why you should be paid all or part of the rental bond
Tell us if the bond was not lodge with NSW Fair Trading or was previously paid out 

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Goods left behind

Orders about the collection or compensation for goods left behind in the rented premises. Visit NSW Fair Trading's website for more about retrieving goods left behind.

Section ​Orders ​Time limit ​Information required
132(1)(a) and (b) ​An order requiring the landlord pay compensation for goods disposed of or damaged by the landlord or landlord's agent ​Within 30 days after becoming aware either that the goods were disposed of otherwise than in accordance with the Act or that the goods have been damaged ​List the goods and provide details of the monetary value of the good
​134(1)(c) ​An order that the landlord or landlord's agent deliver goods into the former tenant's or other person's possession ​Within 3 months after becoming aware that the good are in the possession of the landlord or landlord's agent ​Provide details about the goods which are held by the landlord or other person
134(1)(d) ​An order requiring the landlord or landlord's agent to pay the proceeds of sale, or an amount equivalent to the value of the goods, to the former tenant or other person ​Within 6 months after the residential tenancy agreement is terminated ​List the goods and provide details of the monetary value of the goods
134(2A) ​An order requiring a tenant or co-tenant, or a tenant or co-tenant's agent, to deliver goods left behind on residential premises by the former co-tenant after the co-tenant vacated the premises (in circumstances where one or more other tenants continue to occupy the premises) into the former co-tenant's possession ​Within 6 months after the residential tenancy agreement is terminated ​List the goods and provide details of the monetary value of the goods

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