What is NCAT?

The NSW Civil and Administrative Tribunal (NCAT) is an independent body that can deal with certain disputes between landlords/proprietors and renters. Orders made by NCAT are legally binding.

Can NCAT solve my rent issue?

The first step is to understand whether you are a tenant or a boarder/lodger – read Know what type of tenant you are.

If you live in University Owned Accommodation you are not legally considered to be either a tenant or boarder/lodger, and you cannot apply to NCAT for assistance in settling a dispute.

Orders NCAT can make for tenants

• Termination – ending the tenancy agreement
• Rental bond payment
• Payment of money
• Repair work to be completed
• Access and privacy orders.

Orders NCAT can make for boarders/lodgers

• Enforcement of occupancy principles
• Payment of money or compensation
• Payment of occupancy fees.

How to lodge an application

Applications can be lodged online. Before you lodge you an application you should have all your supporting documentation and evidence ready.

Examples of evidence include:

• your rental contract
• relevant email correspondence between you and the landlord/agent or proprietor
• receipts or quotes
• photographs
• statutory declarations from relevant witnesses.

NCAT fees

You will need to pay an application fee, which will be later added to the amount the landlord or proprietor (the respondent) owes you, if NCAT rules in your favour. NCAT’s fees page lists the costs. There is a reduced fee for full-time students who receive a student assistance allowance from the Australian government.

Submissions and filing evidence

Take note of the due date for submission and ask for an extension if you need it. Submitting your documents by the due date will help NCAT understand what’s in the application. To get an extension of time to lodge your evidence, you must contact the other parties and let them know you want to change the timetable for lodging evidence.

If the directions in your hearing notice permit it, you can file your submissions and evidence online. Learn how to use NCAT online.

Otherwise, submissions and evidence should be lodged with NCAT by post or delivered to an NCAT Registry. You need to include a copy for the Tribunal Member and a copy for the respondent.

Note that:

• Your document should include an index and each page of your submission should be numbered – so they are easy to identify in the hearing.
• Printed documents should be presented in a folder, marked with the name of the party.
• Folders provided to NCAT, and to the other party(ies) should be identical and in the same order.

If the original documents are in colour, a colour copy should be provided.

Can someone represent me at NCAT?

You are expected to represent yourself. A lawyer can only represent people in special circumstances. You can ask for another person to speak for you, such as a Tenant Advocate, but you will need to have a good reason otherwise you will be expected to speak for yourself. You can take a support person.

Time limits

Time limits apply for some tenancy orders. Seek advice from SUPRA’s Postgraduate Advocacy Service as soon as possible if the time limit has passed. You can still apply to NCAT, but will have to request a time extension as part of your application. NCAT will not always agree to a request for a time extension.

Attending NCAT

The first hearing

You and the other party listed on your application will be asked to go into a room together and reach an agreement. This is called conciliation. The tribunal has two trained conciliators who walk around and can help if needed.

If you reach an agreement, the Tribunal Member will make orders based on the agreement, as long as the agreement is not breaching the law.

If you both cannot reach an agreement, your matter will be decided by the Tribunal Member. NCAT may hear your matter on the same day, or you be rescheduled for another date.

The second hearing

The Tribunal Member will listen to your case, look at your evidence and ask questions to understand your matter. They will then make a decision.

If your case is more complex, a more formal hearing may be held. In this situation evidence is presented under oath.

NCAT Orders

At the end of your hearing the Tribunal Member will make a decision based on the evidence and arguments presented. You will be given a notice of orders.

What can I do if I don’t want to go to NCAT?

Reach an agreement with the landlord or agent. The final agreement may not be everything you want; however, it can save time, money and effort. You can also send a letter of demand, outlining the issues and in what ways they are breaching the law. Your landlord may agree to your demands. Contact SUPRA’s Postgraduate Advocacy Service for support with this.

More frequently asked questions about NCAT tribunal hearings

Disclaimer

This information is current as of November 2024 and is intended as a guide to the law as it applies to people who live in or are affected by the law as it applies in NSW. It does not constitute legal advice.