Landlord orders

Residential tenancy matters

In residential tenancy matters, a landlord can apply to NCAT for the following orders under the Residential Tenancies Act 2010.

Starting the tenancy

Tenancy agreement

Orders about prohibited terms in an agreement or the validity of a residential tenancy agreement. Visit NSW Fair Trading's website for more about completing a tenancy agreement.

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
​11​An order that premises are or are not premises to which the Act applies​-​Provide details about the premises and why you think they are or are not premises to which the Act applies
​11​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 some pre-agreement matters such as holding fees and the ingoing condition report.

Section​Orders​Time limit​ Information required
​25​An order about a holding fee​-​Provide details about the holding fee and when it was paid
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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During the tenancy

Access to premises

Orders allowing the landlord or other person entry or access to the residential premises. Visit NSW Fair Trading's website for more about right of entry.

Section​Orders​Time limit​Information required
​60​An order to allow the landlord or some other person to enter the residential premises​-​Explain why this order is necessary and the dates and times when you require access

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Alterations and additions

Orders relating to alterations or additions to the rented premises such as removing or adding fixtures and other charges. Visit NSW Fair Trading's website for more about alteration requests from your tenant.

Section​Orders​Time limit​Information required
​69(1)(a)​An order prohibiting the tenant from removing a fixture​-​Explain why this order is necessary. Provide details about the fixture the tenant wishes to remove.
69(1)(b)​An order that the tenant pay compensation for the cost of rectifying work done by tenant on the residential premises​-​Explain why the tenant should pay compensation to you. Provide details about the work required.

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General orders

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

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

​An order for the payment of an amount of money

Note: Maximum claim is $15,000

​Within 3 months after becoming aware of the breach​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 is $15,000

​Within 3 months after becoming aware of the breachProvide full details as to why the Tribunal should order the tenant 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 specifies to remedy a breach of the agreement​Within 3 months after becoming aware of the breachProvide full details about the terms of the agreement that have been broken and the remedy you are seeking
​187(1)(f)​An order that requires payment of part of 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 to the Tribunal to be paid towards the cost of remedying a breach of the agreement or towards the amount of any compensation​-​Provide full details as to why the Tribunal should order that rent paid should be used towards the cost of remedying a breach or towards compensation
187(1)(h)​An order directing a tenant to comply with a requirement of the Act or the regulations​-​Provide full details about the sections of the Act that the tenant is failing to comply with

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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 be changed or removed or added​​-​Explain why this order is necessary and what change you want made
​73(b)​An order authorising the landlord to refuse to give the tenant 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 landlord​​-​Explain why this order is necessary

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Unusable, uninhabitable or destroyed premises

Orders about reducing the rent payable or terminating the tenancy agreement when the premises has become wholly or partially uninhabitable. Visit NSW Fair Trading's website for more about natural disasters.

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 or uninhabitable or destroyed
​109​A termination order where the agreement is frustrated​Within 30 days after 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) a residential tenancy agreement and giving possession of the premises to the landlord or other person. Visit NSW Fair Trading's website for more about giving a termination notice.

Section​Orders​Time limit​Information required
84​A termination order at the end of the fixed term​Within 30 days after date specified in termination notice​Provide termination date
​85​A termination order after a 90 day notice​Within 30 days after date specified in termination notice​Provide termination date
​86​A termination order as the property is being sold​Within 30 days after date specified in termination notice​Provide termination date and date contract for sale was exchanged
87​A termination order where the tenant has breached the residential tenancy agreement​Within 30 days after date specified in termination notice​Provide termination date and details about the breach
89​A termination order due to non-payment of rent​Within 30 days after date specified in termination notice​Provide termination date and details about the breach
90​A termination order where the tenant or occupant is causing serious damage or injury​Application may be made without giving a termination notice​Provide details of the unlawful use of the premises, including the date/s when this occurred
​91​A termination order due to unlawful use of the premises by the tenant or occupant​Application may be made without giving a termination notice​Provide details of the unlawful use of the remises, including the date/s when this occurred
92​A termination order where the tenant or occupant has threatened, abused, intimidated or harassed the landlord, the landlord's agent, employee or contractor​Application may be made without giving a termination notice​Provide details of the threatening, abusive or intimidating behaviour or harassment, including the date/s when this occurred
​93​A termination order due to undue hardship​​Application may be made without giving a termination notice​Provide details explaining how you would suffer undue hardship if the tenancy were not terminated, for example financial statements or health records
​94​A termination order for a tenancy of 20 years or more​​Application may be made without giving a termination notice​Explain why this order is necessary
95​An order for possession where the residential tenancy agreement as terminated and an occupant has not vacated​Within 30 days after date specified in termination notice​Provide the termination date and details of when the tenant vacated and who remains in occupation
98​An order revoking a termination notice given by a tenant because the landlord has remedied the breach​Before termination date and within 7 days after being served termination notice​Provide details about the termination notice and how you have remedied the breach
​105​A termination order where a tenant has given a termination notice and has not vacated​Within 30 days after date specified in termination notice​Provide termination date and explain why this order is necessary
108​A termination order due to the death of the sole tenant​Within 30 days after date specified in termination notice​Provide termination date
109​A termination order where the agreement is frustrated​Within 30 days after date specified in termination notice​Provide details about when and how the premises have become unusable or uninhabitable or destroyed or appropriated 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
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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Occupation fee

Orders for the tenant to pay a daily occupation fee until they move out of the premises.

Section​Orders​Time limit​Information required
​123​An order for payment of an occupation fee​-​Provide dates the tenant remained in occupation after the date of vacation of the premises

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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 the rental bond

Note: You must notify NSW Fair Trading if you apply for rental bond orders

​Within 6 months after the bond is paid​Tell us the amount and details of each item claimed, with reasons why you should be paid all or part of the rental bond

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Abandoned premises

Orders declaring the premises are abandoned and for the tenant to pay compensation for loss caused by the abandonment.

Section​Orders​Time limit​Information required
106​An order that the premises have been abandoned by the tenant on a specified date​-​Explain why you think the premises have been abandoned and specify the abandonment date
​107​An order that the tenant must pay you $(insert amount) compensation for any loss including rent caused by the tenant abandoning the premises​-​Provide details of your loss caused by the abandonment of the premises. Outline the steps you have taken to minimise your loss

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Goods left behind

Orders about the removal and disposal of uncollected goods left behind by the tenant. Visit NSW Fair Trading's website for more about goods left behind by your tenant.

Section​Orders​Time limit​Information required
132​An order that a tenant or other person pay an occupation fee for goods left on the premises or stored by the landlord​-​Provide details about the abandoned goods and explain why you should be paid an occupation fee for storing them
133(2)(a)​An order authorising the removal or other disposal of goods​-​Provide details about the abandoned goods and explain what you would like to do with the goods
133(2)(c)-(e)​An order authorising the sale of goods left at the residential premises and the payment of the proceeds of the sale​-​Explain why you believe that the goods have been abandoned and why you think that the sale of the goods is the appropriate method of dealing with them

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