Residential tenancy

If you have applied to NCAT and your matter was dismissed because you missed a hearing date, you have seven days from the date of dismissal to apply to have the proceedings reinstated, if you have a reasonable excuse for not attending. It may be possible to get an extension of this time, but you should get legal advice about your circumstances.

Either the landlord or tenant can apply to set aside or vary a decision within seven days of the date of the decision. You can only apply if:

• all parties agree, or
• you could not attend the hearing and you could not adequately put your case to NCAT.

If you are unhappy with a decision by NCAT you may be able to make an internal appeal to the Appeal Panel. You must file an appeal within 14 days of when you were notified of the decision you are appealing against, or 14 days from when you were notified of the decision or given reasons for the decision, orally or in writing, whichever is later. It is possible to request an extension of time to appeal if you have passed the time limit. If you want to appeal, you should get legal advice.

A landlord has 30 days from the date of termination given in a notice to apply for a termination order to NCAT.

A tenant has three months from when they became aware of a breach of a residential tenancy agreement to make an application to NCAT about the breach.

If you are unsuccessful with an internal appeal, you have 28 days to appeal the decision to the Supreme Court of NSW. You can only appeal on a question of law. If you want to file an appeal to the Supreme Court, you should get legal advice.

Has jurisdiction to:

• deal with disputes between landlords and tenants covered by the Residential Tenancies Act 2010 (NSW) 
• decide rental bond disputes up to $30,000 and all other tenancy disputes up to $15,000.

Sets out:

• the rights and obligations for residential tenants and landlords in NSW
• offences for some breaches
• the rules for the operation of residential tenancy databases.

Set out further rules, including:

• the standard form of a residential tenancy agreement (lease)
• time limits for applying to the NSW Civil and Administrative Tribunal (NCAT), and
• penalties for offences under the Act.

Sets out the rights of boarders and the responsibilities of boarding house owners in registrable boarding houses.

Sets out the jurisdiction and structure of NCAT.

Sets out a procedure for dealing with property left behind at the end of a tenancy. For more information, see the Uncollected goods topic.

You have to pay a fee to:

• apply to NCAT
• make an internal appeal to the Appeal Panel
• apply to reinstate the proceedings, or
• apply to set aside or vary the decision of NCAT.

See Fees at NCAT on the NCAT website.

If you receive a pension or benefit you are eligible for a reduced fee. You can also apply for a fee waiver in whole or part if you would have serious hardship paying. See Reduced fees and fee waivers on the NCAT website.

Tenancy and social housing application form

For the notice to appeal to the appeal panel or to stay an original decision pending appeal see Appeal an NCAT decision.

In order to terminate a rental agreement in circumstances of domestic violence, use the Declaration by competent person

or Declaration by competent person (for a tenant's dependent child)

Generally, each party pays their own costs for a case at NCAT.

NCAT may order that one party pay the costs of the other party if there are special circumstances, for example, an application was frivolous or vexatious.