NSW Civil & Administrative Tribunal

The NSW Civil and Administrative Tribunal (NCAT), often referred to as ‘NCAT’ or ‘the Tribunal’, is an independent body that has the power to decide disputes between landlords and tenants in residential tenancies. The Tribunal can make orders about bonds, evictions, repairs, pets, and other aspects of tenancy.

NCAT is not a formal court, but its decisions are legally binding. The Tribunal aims to use a simple and quick process, plain language, and minimal formality. The Tribunal will make a decision by applying the law to evidence – such as photos, written details, copies of emails, and other documents.

The Tribunal usually makes orders relating to ‘breach of contract’ – in other words, either the tenant or the landlord has not followed the terms of the residential tenancy agreement.

The people who hear cases and make decisions at the Tribunal are called Tribunal Members. The person who applies to the Tribunal for a hearing is known as the applicant, and the other person is the respondent.

The Tribunal hears cases at venues across NSW. The office that organises Tribunal hearings is called a registry. The NCAT Registry for your area will decide the location of your particular hearing or hearings. Details about the NCAT Registry for your area can be found on the NCAT website.

The Tribunal is open to the public, so if you wish you can sit in on hearings beforehand to familiarise yourself with the place and the process. You can ask the Tribunal Registry or your local Tenants Advice and Advocacy Service where the Tribunal hears cases in your area.

The Aboriginal Tenancy List is a part of the Tribunal that has been specifically developed for Aboriginal and Torres Strait Islander People with private or social housing tenancy disputes in NSW.

The Aboriginal Tenancy List gives Aboriginal and Torres Strait Islander renters an  opportunity to: 

• Receive advice from specialist Aboriginal Tenants Advocates
• Connect with support services, like Financial Counselors 
• Have enough time to discuss your case and try to reach a solution with the help of a trained Tribunal Conciliator 
• Have decisions made about your tenancy by a Tribunal Member who is specifically trained to hear cases on the Aboriginal Tenancy List 

The Aboriginal Tenancy List happens every fortnight on a Wednesday at Sydney NCAT. As the list is for the whole of NSW, you can attend in person or via telephone or video. The landlord/agent can also attend via telephone or video.

How can I ask for my case to be included in the Aboriginal Tenancy List?

If you identify as Aboriginal or Torres Strait Islander, you can ask to have your case heard in the Aboriginal Tenancy List. You do this after you or the landlord have made a standard application (see below: ‘Stage 1: How to apply for a hearing’). You will need a case number and date, and then you can ask the Tribunal to add the case to the Aboriginal Tenancy List.

1. Get your case number and date. This will be on the ‘notice of hearing’ you receive when you or the landlord make a standard application. (You can only ask to be heard in the Aboriginal Tenancy List after a standard application has been made.)
2. Send an email to AboriginalTenancyList@ncat.nsw.gov.au – in your email, ask for your case to be heard in the Aboriginal Tenancy List, and include:
   • Your case number
   • The hearing date
3. You will receive an Aboriginal Tenancy List notice with a new hearing date and time. You can attend the hearing in Sydney or remotely. The notice includes step by step information and a link to join the hearing by telephone or video (you do not need to submit a separate request to attend remotely.)

See also Aboriginal Tenancy List (NCAT website).

Tenants usually represent themselves at the Tribunal. NCAT prefers this. To make things easier, NCAT uses simple processes, plain language, and a minimum of formality.

For the best chance of success at the Tribunal, try to present your story clearly, backed up with strong evidence.

You can bring a friend or family member to your hearing for support.

It is possible to ask the Tribunal to let another person (such as a Tenant Advocate) speak for you, but you might need to convince the Tribunal Member that it is needed. Due to extremely high workloads and inadequate funding, Tenant Advocates are not able to represent as many tenants as we would like.

If you are feeling unsure, contact your local Tenants Advice and Advocacy Service for phone advice before your hearing.

If you are away, or very unwell, or otherwise unable to deal with any formal documents for a period of time, you can ask to change the date (see below: ‘How to change a hearing date’) or seek to appoint a tenant’s agent. They will need a letter saying that they can speak for you, and they should also know the facts of your tenancy problem in case the Tribunal refuses your request and runs the case without you.

If you need an interpreter, write this on your application or tell the Tribunal when you get the notice of hearing. The Tribunal will provide one for free. Interpreters do not represent or advise you, their job is to ensure everything that is said is translated accurately.

A landlord may use a real estate agent to represent them. Solicitors may only represent landlords or tenants with the permission of the Tribunal. Representatives are paid by the person who hires them. There is more information on representation on the NCAT website.

Before you go to Tribunal, it is a good idea to get advice from a Tenant Advocate at your local Tenants Advice and Advocacy Service (TAAS). Tenant Advocates are legally-trained experts who are on the side of renters and can provide you with free legal advice. Call as soon as possible. They can advise you on how to make a Tribunal application, what to expect on the day, what sort of evidence you need, your chances of success, and more. They may also be able to supply you with other useful resources for going to the Tribunal.

If you already have an NCAT hearing date, you can use our online form to request advice before your Tribunal hearing to request a call back. Or find the contact details for your local TAAS here.

On the day of your Tribunal hearing, there may be Tenant Advocates on duty (‘Duty Advocates’). However it can be very busy at NCAT, meaning they have to prioritise eviction cases.

If you need an interpreter, call the Translating and Interpreting Service (TIS) on 131 450 first. Then give the interpreter the number for your local TAAS and ask the interpreter to call the TAAS.

You can make a Tribunal application online or by downloading a fillable PDF from the NCAT website. Alternatively, you can submit a paper application form at a Tribunal Registry or Service NSW service centre. In the Tribunal application, you will need to include:

• the address of the tenancy
• your name and contact details
• the landlord’s name 
• contact details for the landlord or agent
• the orders you want the Tribunal to make and why (see more below)

If you are making the application then you are the applicant and the landlord is the respondent. If the property is managed by an agent you can use the agent’s address as the respondent contact details. However the respondent name needs to be the landlord’s name – this is listed on your tenancy agreement.

If you need an interpreter, write this on your application. The Tribunal will provide one for free.

Tribunal orders

In the application you are asking the Tribunal to make a decision about an issue. These decisions are called tribunal orders. The Tribunal only has the power to make orders from the Residential Tenancies Act 2010 so you need to ask for orders based on the section of the Act that your issue falls under. The online application has a drop down box and you can select the orders you are seeking. In the paper application form you have to fill in the orders you want.

The list of Tribunal orders you can ask for is on the NCAT website. 

This list is also useful if you have received a notice that the landlord has made a Tribunal application and you want to understand what the section numbers in the application mean and how to start preparing.

Common Tribunal orders include:

• An order regarding the payment of a rental bond
• An order that the landlord carry out repairs
• An order that the landlord did not give a termination notice in accordance with the Act 
• An order in relation to a rent reduction 
• An order as to compensation (see more below)

Next you will need to say why you want the Tribunal to make these orders. You should state your reasons briefly and with confidence. You do not include evidence or detailed arguments with your application – you will be asked to provide these later in the process, as needed. Be aware that the landlord/agent will receive a copy of your application.

When will the hearing be listed?

Once the Tribunal has received your application, it will be ‘listed’ for a Tribunal hearing and you and the landlord/agent will receive a notice of hearing with the date, time and place of the hearing. If you apply online you will receive the notice of hearing immediately. If you do a paper application, the notice will come later by email or post.

How soon your hearing is scheduled will depend on how busy the Tribunal is. One of the administrative aims of the Tribunal is to be quick. The first hearing is commonly scheduled within 3-6 weeks of the application.

Time limits

There are time limits for making an application. The time limit depends on the type of application. For example, an application about a breach must be made within 3 months of becoming aware of the breach. Time limits can be found on the list of order types (NCAT website). If you are unsure, it is a good idea to get advice from your local Tenants Advice and Advocacy Service.

Extension of time

If the time limit has passed, you can ask for an extension in your application and the Tribunal will decide at the first hearing if your case will continue. To make this decision the Tribunal will consider the length and reasons for the delay, if your case is likely to be successful, and if granting an extension would disadvantage the landlord.

Urgent hearings

Most tenancy applications are scheduled for a first hearing within 3-6 weeks. It is possible to ask the Tribunal to schedule your hearing more quickly (within 7 days) but you will have to convince the Tribunal that an urgent hearing is needed. Although an issue with a person’s home usually feels urgent to them, the Tribunal has a much narrower view of what counts as urgent. To apply for an urgent hearing you will need to attach a request letter to your application, including evidence that shows there is a threat to personal safety or property, or significant hardship.

Examples of urgent situations include:

• A lockout from a rented premises
• A perceived or real threat to the safety of a person or property
• Health and safety issues

If granted, an urgent hearing of the application will be listed within 1-7 days depending upon the urgency.

Compensation

You are entitled to make a claim for compensation in the Tribunal. However, it is very time-consuming and your chances of success are limited. You will need to gather a lot of specific evidence, and have a strong argument. 

Consider orders other than compensation that may be a better fit – such as a rent reduction or getting repairs done. 

Before applying to NCAT, it is a good idea to start with a letter to the landlord/agent asking for what you want. Give them a short timeframe to respond (e.g. one week) and tell them that you will make a Tribunal application if an agreement cannot be reached. 

Examples of compensation you could apply for:

• An order that the landlord compensate you for economic loss, such as destruction of or damage to your belongings. You must show that the damage is the result of the landlord failing to fix an issue that you have told them about, and as a result you’ve suffered a financial loss. You will need evidence to show the value of your goods, such as receipts.
• An order that the landlord compensate you for loss of enjoyment of your home. You will need to show that you could not enjoy your home as you normally would if the landlord had fixed the issue you told them about – for example, you could not enjoy spending time with family in your home because of mould. This is also known as  ‘non-economic loss.’ A claim for non-economic loss is difficult to prove, and should be kept separate from claims about injury/illness – the Tribunal is not suited to personal injury claims.

It is important to show you have taken steps to minimise the amount of loss you have experienced (called ‘mitigation of loss’). If you failed to do something that could have prevented or reduced the loss being suffered, it could affect your case.

If you are considering applying for compensation, get advice first from your local Tenants Advice and Advocacy Service.

You have three months from the date you become aware of the landlord breaching the agreement to apply for compensation.

You must pay an application fee with your Tribunal application. The Tribunal tries to keep costs low in order to be accessible. NCAT is generally considered a ‘no costs’ jurisdiction. This means that you and the landlord pay your own costs associated with running a case – usually the application fee and your own time to prepare and attend. In extremely rare circumstances the Tribunal could order you to pay the landlord’s costs, if the Tribunal decides that you have deliberately made an application that is not serious or you are wasting the Tribunal’s time and resources.

As of August 2025 the application fees are:

• $62 (Standard Fee) or $16 (Reduced Fee) for residential proceedings – tenancy, social housing, residential communities, and boarding houses.
• $128 (Standard Fee) or $32 (Reduced Fee) for strata and community schemes proceedings

To be eligible for the Reduced/Concession Fee, you must receive a government pension, benefit, or allowance, or be a student in full-time education receiving a government allowance. To apply for the Reduced Fee, you must provide a copy of your card showing you receive a government pension, benefit, allowance, or a student allowance. Fees may be waived or postponed for special reasons.

For more information on other Tribunal fees, see Fees at NCAT (NCAT website).

Your first hearing at the Tribunal is called a ‘group list’ hearing and ‘conciliation’. There will be many cases listed at the same time in the hearing room. First the Tribunal member will call out everyone's names to find who is present. If you and the landlord/agent are both there you will be encouraged to go to another room and try to reach an agreement – this is called conciliation.

If you reach an agreement at conciliation, the Tribunal Member will write consent orders based on your agreement. This ends the matter.

A conciliation usually takes less than 30 minutes, so there may not be enough time to go through a lot of detail or paperwork.

There may be a conciliator there to assist. A conciliator is impartial and will not take sides, but should have some understanding of what can be lawfully agreed to.

Remember that the real estate agent works for the landlord.

Sometimes there are Tenant Advocates on duty (‘Duty Advocates’). They are legally-trained experts who are on the side of renters and can help you with legal advice and the conciliation process. However it can be very busy at the Tribunal, so they may have to prioritise certain cases.

Do not feel pressured into agreeing to something unfair. Instead, try to reach an agreement you can live with. It is sensible to already have an idea about what you will offer and accept. See also Tips: Negotiating with the landlord.

If you do not manage to reach an agreement during conciliation, then your case will progress to a hearing.

At the hearing, a Tribunal Member will listen to both sides, look at any evidence, and will ask questions. They will then make a decision about the dispute and issue orders. The Tribunal’s decision is based on the law and the evidence provided by you and the landlord.

If you get a notice about a Tribunal hearing, you should always attend, even if the landlord says you do not need to go. If you do not go, it is likely that a decision will be made without you.

The hearing could happen on the same day as the conciliation. However, the Tribunal may also reschedule the hearing for a later date – to give you and the landlord some time to collect and exchange evidence. You can also request that the Tribunal give you time to get your evidence together and receive some legal advice, however the Tribunal Member may not grant your request. Note that most hearings about rent arrears are decided on the same day as the conciliation.

If your hearing is rescheduled, the Member will make procedural directions, which tell you and the landlord/agent how and by what date you need to submit your evidence to each other and the Tribunal (an ‘evidence bundle’). See below: ‘How to prepare evidence for the hearing.’

The hearing date will be scheduled for after all the evidence is submitted, and you will receive a notice from the Tribunal.

If the case is more complex, or either side wants to bring witnesses, a ‘formal’ hearing may be held. The case will be run more like a court, with evidence usually given on oath or affirmation. The applicant (the person who lodged the application) will usually present their case first, then the other side will respond.

Tips:

• Be respectful – even if the landlord/agent is saying things you don’t agree with
• Try to speak clearly, calmly, and confidently
• Stick to the facts – NCAT is interested in evidence, not opinions
• Address the Member as 'Member'

Right to an interpreter

If you need an interpreter, write this on your application or tell the Tribunal when you get the notice of hearing. The Tribunal will provide one for free.

Audio-Visual or phone hearings

NCAT hearings are generally in person – face to face. You can submit a request form to attend a hearing by telephone or video call (NCAT website). It is a good idea to do this as soon as possible before the scheduled hearing date. The Tribunal will consider your reason for the request, the type and complexity of the case and the views expressed by the landlord/agent. Wait to hear back from the Tribunal if your request is approved or not. 

If your request for an AV hearing is approved, NCAT will send you step by step information and a link on how to join the hearing. The landlord/agent may also be permitted to attend the hearing by telephone or video. 

If your request is not approved, or if you do not hear from NCAT, you should make arrangements to attend in person.

If you are joining by telephone or video, log in 10 minutes before the hearing is scheduled to start. Check that your camera and microphone are working. Once you are logged in you might need to wait a few minutes for the Tribunal hearing to start. Put your microphone on mute unless you are speaking and join from a quiet location if you can.

At the Tribunal it is important to have strong evidence to support your argument. 

Your ‘evidence bundle’ might include:

• a brief written statement of the basic points of your case – also called a submission
• photos that back up your claim
• a timeline of events
• statutory declarations by you and other people who have witnessed important events or who can support your case (signed by a Justice of the Peace or a solicitor)
• receipts or quotes (e.g. for rent, bond, cleaning, repairs)
• copies of all letters/emails between you and the landlord/agent
• relevant documents such as your residential tenancy agreement (commonly called a ‘lease’), and your condition report, etc

The procedural directions (see above) will tell you how and when you need to exchange your evidence. This could be online, by post, or in person – depending on the Member's directions. Make sure you read the procedural directions closely. Make 3 printed copies of the evidence bundle – one for you to keep and refer to in the hearing, one for the landlord/agent, and one for the Tribunal Member.

The Tribunal prefers it if your ‘evidence bundle’:

• is printed – you cannot use mobile devices or laptops to provide evidence in the hearing
• is in a folder – but don’t use plastic pockets
• any photos should be in colour and timestamped
• has page numbers – all the way through in a continuous sequence, and make sure all copies are the same
• has a table of contents, and include page dividers if appropriate

You should also receive a copy of the landlord’s evidence, as per the procedural directions.

If the hearing is set for a date or time that you cannot make, write to the Tribunal before the hearing and ask for another date or time. This is called an adjournment. You can fill in and email an adjournment request form (NCAT website). It also helps to ask the landlord/agent to agree to a change before asking the Tribunal, and include their response in your request. You must give reasons for your request. For example:

• you are sick (you must provide a detailed medical certificate that explains why you could not attend the hearing)
• you want to arrange for someone to represent you
• the landlord has refused to follow the Tribunal’s directions

If you do not hear from the Tribunal about your request, you should attend the hearing, as it may go ahead without you.

If you cannot ask for a change before the hearing, you can send someone else to ask for a new date. They will need a letter saying that they can speak for you, and they should also know the facts of your tenancy problem in case the Tribunal refuses your request and runs the case without you.

If you are running late for a hearing, call the Tribunal and say that you are on your way, otherwise the hearing may be over by the time you get there.

If you miss a hearing and disagree with the orders that were made you can apply for the decision to be set aside or varied (see below). However you will need a good reason for not turning up (e.g. a medical emergency). The Tribunal will decide if your reason is good enough.

You will receive the Tribunal’s decision in a notice of orders – either on the day of the hearing or it will be sent to you. The Tribunal Member will tell you when to expect the notice of orders.

Sometimes the Member will also provide written reasons for their decision, and how they applied the law. If the reasons are not included with the orders, and you want the reasons in writing, you can make a request to the Tribunal. You must make this request within 28 days of receiving the notice of orders. You can use our sample letter: Request for written reasons for NCAT orders.

If you receive orders or reasons that you don’t understand, contact your local Tenants Advice and Advocacy Service for advice.

Tribunal orders are final and legally binding. If Tribunal orders are not followed, there is a risk of further legal action and court enforcement. Not complying with Tribunal orders can result in civil penalties (monetary fines) and/or ‘contempt’ of Tribunal proceedings. If the landlord/agent does not follow Tribunal orders contact your local Tenants Advice and Advocacy Service for advice.

Enforcing an order for payment of money

Orders for payment of money are enforced through the Local Court. You will need a certified money order from the Tribunal Registrar – write and request this from the Tribunal. For guidance, see the Tribunal website and NSW Government Department of Communities and Justice website, or contact Legal Aid NSW / LawAccess NSW –1300 888 529.

Renewing an application

If the landlord does not obey another kind of order (other than a money order) you may apply to the Tribunal to have the case renewed. The fee is the same as the original application fee. You must apply within the time given in the original order or within 12 months of the date for compliance in the original order. See the application for renewal (NCAT website).

If you disagree with a Tribunal decision you can challenge it, but only based on certain limited reasons, and time limits apply. Do not delay. Get advice from your local Tenants Advice and Advocacy Service or community legal centre before commencing any of the following procedures.

Set aside

If you could not attend the Tribunal you may be able to apply to have the hearing run a second time. This is called a ‘set aside’ application. You will need to convince the Tribunal on the application form that:

• the reason you were not there was valid; and
• the Tribunal might have made a different decision if you had been there because you could have presented additional evidence or shared your story.

A set aside application needs to be made within 7 days of the original decision.

If the Tribunal agrees that a different outcome was possible, they will list a new first hearing. Accepting your set aside application does not guarantee that the Tribunal will make a different decision.

You can also get set aside orders if both you and the other party agree.

Appeal

You can appeal a decision of the Tribunal to the Appeal Panel where you believe the Tribunal has made the wrong decision because it has made a mistake in how the law should be applied. It is not enough that you disagree with the decision or think the result is not fair.
You may be able to appeal an NCAT decision to the Supreme Court of NSW if the Appeal Panel does not agree with you. The Supreme Court can also only consider whether the Tribunal used the law incorrectly, and will not consider all of your case.
Getting advice about an appeal is important, it is significantly more expensive and can be very time consuming. You will also likely have to pay the other person’s legal costs if you are unsuccessful at the Supreme Court. See Appeal to the Appeal Panel (Legal Aid NSW).

Fees

As of August 2025, the fees are:

• Application to set aside or vary a decision: $128 fee (concession: $32)
• Appeals to the Appeal Panel of the Tribunal (‘internal appeal’): $519 fee (concession: $130)
• Appeal to the Supreme Court: $1,384 fee (no set concession fee)

Fee waiver and/or postponement applications can be made to the Registrar of the Tribunal with your application.

• Request advice from a Tenant Advocate before a Tribunal hearing
• Blog: What to expect when attending the NSW Civil and Administrative Tribunal (NCAT)
• Tips: Negotiating with the landlord
• Factsheets: Bond, Repairs and maintenance, Overdue rent, Eviction – landlord ends tenancy, Disaster damage, Mould, Pets.
• Rent Increase Negotiation Kit
• Podcast episodes: NCAT: Your questions answered, Cracks emerge, and Negotiation for renters.
• Data analysis: NCAT snapshot.
• If the landlord resides in another State, see the gap in NCAT’s jurisdiction and what it means for tenancy.

• NSW Civil and Administrative Tribunal (NCAT): NCAT home page, Tenancy and social housing NCAT factsheet, Prepare for your hearing, video showing how NCAT hears a tenancy application about unpaid rent (also available in Arabic, Mandarin, Greek and Vietnamese).
• NSW government: Resolving residential tenancy disputes, NSW Fair Trading complaint service.