14th April, 2025
Renting a home should be a straightforward process, but sometimes disagreements arise between tenants and landlords. In New South Wales, there are legal avenues to resolve these disputes fairly. Understanding your rights and responsibilities can help you avoid unnecessary stress and reach a positive outcome.
Common Reasons for Landlord-Tenant Disputes
Disagreements usually arise from breaches of the tenancy agreement. These can include:
- Delays or refusal to make necessary repairs
- Unlawful entry to the property
- Bond disputes after vacating the premises
- Excessive rent increases or failure to provide receipts for payments made
- Termination notices that don’t comply with legal requirements
When issues can’t be resolved informally, tenants have the option to escalate the matter.
Resolving Disputes
The NSW Civil and Administrative Tribunal (NCAT) is an independent body that hears tenancy disputes. It is not a court, but its decisions are legally binding. Tenants can apply to NCAT when they believe their landlord has breached the agreement or acted unfairly.
Applications must be lodged within three months of becoming aware of a breach. Different disputes have different time limits, so always check before applying.
NCAT hearings are designed to be accessible. Most tenants represent themselves. You may also bring a support person or request permission for a tenant advocate to speak for you. Interpreters are available at no cost if required.
Preparing for a Hearing
Before the hearing, gather all relevant evidence to support your case. Bring at least three printed copies of:
- Your tenancy agreement
- A written summary of the issue
- Photos showing damage or defects
- Emails, texts, or letters sent to your landlord
- Quotes or receipts for repairs or cleaning
- Statutory declarations from witnesses
At the hearing, the Tribunal Member may first ask both parties to try to reach an agreement. If that fails, the matter will proceed to a hearing, where the Member will make legally binding orders.
What Happens After the Hearing?
Once NCAT issues its decision, both parties must follow the orders. If the landlord fails to comply, tenants can return to NCAT or take further legal steps, such as enforcement through the Local Court. If you believe the decision was incorrect, you may have the right to appeal, but strict time limits apply.
Navigating the tenancy system can be overwhelming, especially when disputes arise or escalate. That’s where Castrikum Adams Legal can step in. Our team offers practical legal advice and support in tenancy, leasing, and complex property matters.
If you found this guide helpful, we invite you to check out our other blog posts.