The NSW Civil and Administrative Tribunal (the Tribunal) is an independent body that hears and decides on orders from tenants and landlords. For example, if a tenant does not pay their rent and needs to be evicted, unless they vacate of their own accord, a managing agent will need to facilitate the process via an application to NCAT for possession of the property.
How do you apply for NCAT?
1. NCAT has an online application process. To apply online, you will need to gather the information and documents required for your application.
2. Complete the online application form.
3. Pay the application fee.
4. Receive your notice of hearing immediately online or later by email or post.
What is the process of a hearing at NCAT?
The Tribunal will first ask the parties to try to settle. If a settlement cannot be achieved, the case will then set down as a formal hearing. At present, all hearings are via phone due to COVID19.
The Tribunal will allow both parties, in turn, to tell their side of the events and present any evidence. Hearings are usually informal. Formal hearings can be held on request, where witnesses can be called, and evidence is given under oath. It is up to the person who made the application to provide enough evidence to convince the Tribunal Member that their seeking orders should be given. Any orders made are binding.
Time restrictions on applying to NCAT.
There are time limits for applying to the Tribunal for specific orders. For example, in cases where an order is requested regarding broken terms of the tenancy agreement, this order should generally be brought forward within three months of becoming aware of this.
What orders can NCAT make?
The Tribunal can make orders, among others, that:
- A term of the agreement be complied with
- Compensation be paid to a tenant or landlord
- A rent increase is excessive
- The agreement be ended
- A rental bond be paid.
Unsure of your right or obligation as a landlord or tenant. Reach out for an obligation-free chat, email our Director, Casey Healey on 02 49287400 or casey@c21newcastle.com.au