Boarding houses orders
List of orders NCAT can make under the Boarding Houses Act 2012 (NSW).
If you are applying to NCAT you must quote the section of the Act that you issue falls under. Write the section number in the orders section of the application form. You may also have to provide supporting documents as part of your application.
If you have received a notice of hearing, the section numbers may help you understand why you have been taken to NCAT and learn the types of supporting documents you should gather.
Enforcement of occupancy principles
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 32(4)(a) | An order that restrains any action in contravention of the occupancy principles | Resident or Prioprietor |
Provide full details about the occupancy principles that have been broken. |
| 32(4)(b) | An order that requires an action in performance of the occupancy principles | Resident or Prioprietor |
Provide full details about the occupancy principles that have been broken. |
| 32(4)(e) | An order that a party to the occupancy agreement perform such work or take such other steps as the order specified to remedy a contravention of the occupancy principles | Resident or Proprietor | Provide full details about the occupancy principals that have been broken and the remedy you are seeking. |
| 32(4)(h) | An order directing a proprietor, proprietor's agent or resident to comply with a requirement of Part 3 of the Act | Resident or Proprietor | Provide full details about the sections of the Act that the other party is failing to comply with. |
Payment of money or compensation
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 32(4)(c) | An order for the payment of an amount of money (including an order for the refund or repayment of some or all of an amount paid as an occupancy fee or security deposit) | Resident or Prioprietor |
Provide full details as to why NCAT should order payment to you. List the particulars and amount of each item. |
| 32(4)(d) | An order for compensation | Resident or Prioprietor |
Provide full details as to why NCAT should order that compensation be paid to you. |
Occupancy fees
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 32(4)(f) | An order that requires payment of part or all of an occupancy fee to the Tribunal until the whole or part of the occupancy agreement has been performed or pay application for compensation has been determined | Resident or Prioprietor |
Provide full details as to why the occupancy fee should be paid to NCAT. |
| 32(4)(g) | An order that requires an occupancy fee paid to the Tribunal be paid toward the cost of remedying a contravention of the occupancy principles or towards the amount of any compensation | Resident or Prioprietor |
Explain why NCAT should make orders for the occupancy fee be used toward the cost of remedying a breach or toward compensation. |
Access to recover goods
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 32(4)(i) | An order directing the proprietor (or their agent) to give a former resident (or authorised person) access to the boarding house to recover goods | Former resident | Provide details about the goods or fixtures which remain at the boarding house. Explain why you want NCAT to make this order |
Written agreement
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 33(1) | An order that the proprietor of a registrable boarding house enter into a written occupancy agreement with the resident | Resident | Provide full details |
Last updated:
19 Nov 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.