Taking a matter to NCAT
What it costs, how long it takes, and what the tribunal decides on.
General information about the law in New South Wales. It is not legal advice, it does not take account of your circumstances, and no solicitor–client relationship arises from reading it.
What NCAT is
The NSW Civil and Administrative Tribunal hears residential tenancy, strata, building and consumer claims. It is designed to be used without engaging anyone. Filing fees are modest, there is a reduced fee for concession card holders, and costs are not usually awarded against the losing party in tenancy matters.
Representation
You generally need the Tribunal's leave to be represented by a lawyer, under s 45 of the Civil and Administrative Tribunal Act 2013 (NSW). Leave is commonly granted where the other side is a real estate agent or an owners corporation with professional representation, or where the matter is legally complex.
Time limits worth knowing
- Rental bond claims: within six months after the bond is paid out — not six months after the tenancy ends
- Application to set aside a termination notice: before the termination date wherever possible
- Excessive rent increase: within 30 days of receiving the notice
What decides these cases
Members decide on the documents in front of them.
- The condition report, signed, from the start and the end of the tenancy
- Dated photographs
- The full text message and email chain, printed in order, not screenshots of the good bits
- Quotes and receipts carry weight at NCAT; estimates do not
- A one-page chronology
Where the cost can exceed the recovery
If the amount in dispute is a few hundred dollars and the other side has a defensible position, the time cost usually exceeds the recovery.
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