How can I protect my rights as a tenant?

A recent New South Wales Civil and Administrative Tribunal (NCAT) matter between a tenant, Pius Binder and their landlord, Sellmall Pty Ltd, ended with the tenant not only delaying the eviction notice that had been placed against him until July but also achieved a backdated rent reduction, gaining back almost $7,000 in refunded moneys in the process.

But how was this achieved? What role does NCAT play in disputes between landlords and tenants?

NCAT’s Consumer and Commercial division, deals with a broad array of issues such as consumer claims, tenancy as well as other property issues. It was established as a means of alternate dispute resolution, in this instance between landlords and tenants as per the Residential Tenancies Act 2010 (NSW).

The types of disputes that NCAT can hear and determine include;

• Unpaid rent
• Rent Increases
• Disputes concerning bonds
• Repairs and Maintenance
• Termination of a tenancy agreement
• Claims for compensation
• Breaches of the tenancy agreement

Using the example of Mr Binder, he had originally asked his landlord for a rent reduction after the balcony attached to his property collapsed and became unusable back in October of 2023. His landlord rejected the request for the rent decrease, offering a reduction of $50 from the original price before attempting to make use of section 109 of the Residential Tenancies Act 2010.

This section of the act concerns if the residence under the tenancy becomes as taken from the act “destroyed or become wholly or partly uninhabitable”, and under this section a landlord or tenant has the right to give the opposite party a termination notice for the residency agreement. Mr Binder then took the matter to NCAT to contest the issue.

The NCAT Process

Taking any dispute to NCAT is an involved process, not merely a matter of ticking a box. The process begins with either party to the dispute filing an application with NCAT with the relevant form alongside the required fee which differs from matter to matter. These applications can be turned in via post, online or even in person.

Once NCAT has received the application, it will then issue a notice of hearing to both parties to the dispute. This notice will include the date of the hearing and where it will be taking place.

In the leadup to the hearing both parties then attempt to both gather evidence and any relevant witnesses to support their individual case. This could include the tenancy agreement between the parties, receipts of payment for the rent, photographic evidence and any relevant correspondence between the parties.

At the hearing itself, both parties are expected by NCAT to attend the hearing or otherwise inform the tribunal as early as possible to attempt to reschedule the hearing. The hearing itself is more informal than an actual court case, the member of the Tribunal will listen to both parties submissions regarding the dispute, examine any evidence that is provided and asks questions to clarify the issues in question.

At the end of the hearing the Tribunal member will then make their decision and issue orders reflecting that decision. These orders are legally binding upon both parties to the dispute.

PW Lawyers can assist you with making applications to NCAT concerning tenancy disputes.

Contact us for a free thirty-minute initial consultation regarding your matter with NCAT.

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.

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