The NSW Civil and Administrative Tribunal (NCAT) is the main forum for resolving residential tenancy disputes between landlords and tenants in New South Wales.
Residential Tenancies Act 2010, NCAT can make legally binding and enforceable decisions on a wide range of tenancy disputes such as rental bond, rent increases, unpaid rent, termination of tenancy agreements, compensation, repairs and other breaches of the residential tenancy agreement.
A landlord, tenant, co-tenant or occupant can apply to NCAT to resolve a tenancy dispute.
After lodging your application you can expect a first hearing within 3 weeks for matters concerning orders for termination, or within 4 weeks for all other matters.
In tenancy matters, landlords and property managers are asked to complete the Hearing notes form [PDF 93kB] before arriving at the NCAT hearing.
NCAT can hear and determine tenancy matters under the
Residential Tenancies Act 2010.
NCAT has jurisdiction to determine tenancy disputes up to $30,000 for rental bond matters and $15,000 in respect to any other matter. Time limits vary according to the type of order sought.
The following terms are commonly used in tenancy disputes.
Landlord is the owner of the residential premises and rents the whole or part of the premises to the tenant.
Landlord’s agent is the person/organisation who manages the residential premises on behalf of the landlord, for example, property manager or real estate agent who collects the rent or arranges the signing of the residential tenancy agreement.
Tenant is the person who has the right to occupy the residential premises under the residential tenancy agreement.
Co-tenant refers to other tenant/s on the residential tenancy agreement. They share rights and obligations with the other co-tenants.
Prospective tenant is a person who has shown interest in a rental property and/or has had their application approved by the landlord.
Occupant is a person who resides in a rental property but their name is not on the residential tenancy agreement.
Other person/party is a person who is a former tenant or has a relationship with the tenant or landlord, or a person managing a tenancy database.
Breach is the non-compliance with any terms or conditions of the residential tenancy agreement.
Condition report is a written report on the condition of the rental premises completed by the landlord or agent and the tenant at the start (ingoing) and end (outgoing) of the tenancy.
Rent is the payment made to the landlord or agent by the tenant/s for occupying the residential premises.
Rental bond is a sum of money paid by the tenant to the landlord or agent before moving into the residential premises. The money is used as security against financial loss arising from the tenant failing to comply with any of the terms or conditions of the residential tenancy agreement.
Residential premises is any premises or part of premises that is intended to be used as a place of residence.
Residential tenancy agreement is the contract under which a landlord gives the tenant/s the right to occupy the residential premises. Commonly referred to as “a lease”.
Termination date means the day specified in the termination notice as the day on which the residential tenancy agreement is terminated and by which the tenant/s are to vacate the rental property.
Termination notice is a notice to terminate a residential tenancy agreement. Commonly referred to as an “eviction notice”.
Lodge your NCAT tenancy application online
Residential Tenancies Act 2010
Tenancy hearing notes form [PDF, 93kB]
Tenancy case studies
NSW Fair Trading
Tenants Advisory Services
Property Owners Association of NSW
Real Estate Institute of NSW
NSW Federation of Housing Associations
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