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Tenancy and social housing orders
List of orders NCAT can make under the Residential Tenancies Act 2010 (NSW).
If you are applying to NCAT you must quote the section of the Act that you issue falls under. Write the section number in the orders section of the application form. You may also have to provide supporting documents as part of your application.
If you have received a notice of hearing, the section numbers may help you understand why you have been taken to NCAT and learn the types of supporting documents you should gather.
Abandonment of residential premises
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 106 | An order that the premises have been abandoned by the tenant on a specified date | Landlord | Explain why you think the premises have been abandoned. Specify the abandonment date. |
| 107 | An order for the tenant to pay compensation for any loss caused by the abandonment of the residential premises | Landlord | Provide details of your loss caused by the tenant’s abandonment of the premises. Outline the steps you have taken to minimise your loss. |
Access to premises
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 60 | An order to allow the landlord or some other person to enter the residential premises | Landlord | Explain why this order is necessary and the dates and times when you require access. |
| 61(1) | An order specifying or limited the days and times, and purposes for which, entry to the residential premises by a landlord or other person is authorised | Tenant | List the days and times when you propose to give access to the landlord or other person. |
| 61(2) | An order that the landlord or landlord's agent pay compensation to the tenant for damage to or loss of the tenant's goods caused by the landlord or landlord's agent while accessing the premises | Tenant | List the goods that were damaged or lost while the landlord or agent accessed the premises. Provide details of the monetary amount you are claiming. |
Change of tenants
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 75(5) | An order that the tenant may transfer a tenancy or sub-let the residential premises | Tenant | Explain why this order is necessary and provide details of how you wish to partially transfer the tenancy or sub-let the premises. |
| 77 | An order recognising a person as a tenant or joining the person as a party to any proceedings relating to the premises, or both | Tenant | Explain why you would like NCAT to make this order, and whether you were living in the premises when the tenant died or left the premises. |
| 79 | An order recognising a remaining occupant as a tenant if the tenant or co-tenant is prohibited by a final apprehended violence order from having access to the residential premises | Tenant | Explain why you would like NCAT to make this order. Provide details about the final apprehended violence order (AVO). |
General orders
Applications for breach of the residential tenancy agreement are to be made within 3 months after the applicant becomes aware of the breach
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 187(1)(a) | An order that restrains any action in breach of a residential tenancy agreement | Landlord Tenant |
Provide details about the terms of the agreement that have been broken. |
| 187(1)(b) | An order that requires an action in performance of a residential tenancy agreement | Landlord |
Provide details about the terms of the agreement that have been broken. |
| 187(1)(c) | An order for the payment of an amount of money Maximum claim is $15,000 |
Landlord |
Give reasons why NCAT should order payment to you. List the particulars and amount of each item being claimed. |
| 187(1)(d) | An order as to compensation Maximum claim is $15,000 |
Landlord |
Give reasons why NCAT should order compensation to be paid. List the particulars and amount of each item being claimed. |
| 187(1)(e) | An order that a party to a residential tenancy agreement perform such work or take such other steps as the order specifies to remedy a breach of the agreement | Landlord |
Provide full details about the terms of the agreement that have been broken and the remedy you are seeking. |
| 187(1)(f) | An order that requires payment of part or all of the rent payable under a residential tenancy agreement to the Tribunal until the whole or part of the agreement has been performed or any application for compensation has been determined | Landlord |
Provide full details as to why rent should be paid to NCAT. |
| 187(1)(g) | An order that requires rent paid to the Tribunal to be paid towards the cost of remedying a breach of the residential tenancy agreement or towards the amount of any compensation | Landlord |
Provide full details as to why NCAT should order that rent paid should be used toward the cost of remedying a breach or toward compensation. |
| 187(1)(h) | An order directing a landlord, landlord’s agent or tenant to comply with a requirement of the Act or the regulations | Landlord |
Provide full details about the sections of the Act that the tenant is failing to comply with. |
| 187(1)(i) | A termination order or an order for the possession of premises | Landlord | Provide termination notice details and reasons why the orders should be made. |
| 187(1)(j) | An order directing a landlord to give a former tenant access to residential premises for the purpose of recovering goods or fixtures that the former tenant is entitled to remove | Tenant | Provide full details of the goods or fixtures to be recovered. |
Mortgagee repossession
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 122 | An order for the repayment of any amount of rent, fee or other charge paid to occupy the residential premises after receiving notice to vacate where a mortgagee is entitled to possession | Tenant | Provide the date of the notice to vacate. List any amounts of rent, fees or other charges paid after that date. |
| 125 | An order vesting a tenancy over the residential premises You must apply within 30 days after being given notice of the mortgagee’s proceedings for recovery of possession of the premises |
Tenant | Explain whether you were a tenant or former tenant when legal proceedings started. Provide why the tenancy should be given to you. |
Occupation fee
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 123 | An order for payment of an occupation fee | Landlord | Provide details of the dates the tenant remained in occupation after the date for vacation of the premises |
Rectification orders
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 65D | An order relating to a rectification order made by NSW Fair Trading Application to be made within 14 days of the rectification order or amended rectification order |
Landlord |
Provide details of the order that you are seeking and the reasons why NCAT should make the order |
Rent and other payments
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 44(1)(a) | An order that a rent increase is excessive Application to be made within 30 days after the notice of increase is given |
Tenant | Provide evidence about market level of rents for the same kind of premises in a similar area, the state of the premises or work you have done to the premises. |
| 44(1)(b) | An order that the rent payable is excessive due to the reduction or withdrawal of any goods, services or facilities provided with the residential premises Application to be made within 30 days after the notice of increase is given |
Tenant | Provide details of the goods, services or facilities the landlord has reduced or withdrawn, and the date on which this occurred. |
| 45 | An order reducing the rent payable where the premises are unusable or uninhabitable or destroyed | Landlord Tenant |
Provide details of the current rent and how the premises are unusable or uninhabitable or destroyed. |
| 46 | An order for the repayment of rent paid in excess of an amount specified by the Tribunal | Landlord Tenant |
Provide copies of rent records or receipts. |
| 47 | An order for the repayment of rent or other payments made by the tenant contrary to the Act or the residential tenancy agreement | Tenant | Provide copies of rent records or receipts. |
| 105D | An order about the rent payable by a co-tenant | Tenant | Provide copies of rent records or receipts. |
| 141 | An order declaring the rent under a social housing tenancy agreement is excessive when a rent rebate is cancelled Application to be made within 30 days after the cancellation of the rent rebate takes effect |
Social housing tenant only | Provide details of the rent rebate and its cancellation |
Rental bonds
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 175 | An order regarding the payment of a rental bond Application to be made within 6 months after the bond is paid out |
Landlord Tenant |
Provide details, including the amount of each item claimed. Give reasons why you should be paid all or part of the rental bond. Advise NCAT if the bond was not lodged with NSW Fair Trading or was previously paid out. |
Repairs, alterations and additions
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 65 | An order for repairs to be made by the landlord or reimbursement for repairs | Tenant | Provide receipts and details of repairs |
| 65(1)(a) | An order that the landlord carry out repairs | Tenant | Explain what repairs you would like the landlord to carry out. |
| 65(1)(b) | An order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant | Tenant | Provide full details of the urgent repairs carried out and the cost of the repairs. |
| 65(5) | An order that all or part of the rent payable be paid into the Tribunal until repairs are carried out | Tenant | Explain why you are requesting this order. |
| 68(1)(a) | An order that the tenant may install a fixture or make a renovation, alteration or addition to the residential premises | Tenant | Explain why this order is necessary. Provide details about the fixture you want to install or the renovation, alteration or addition you wish to make. |
| 68(1)(b) | An order that the tenant may remove a fixture installed by the tenant | Tenant | Explain why this order is necessary. Provide details about the fixture you want to remove and how you will rectify any damage which may result. |
| 69(1)(a) | An order prohibiting the tenant from removing a fixture | Landlord | Explain why this order is necessary. Provide details about the fixture the tenant wishes to remove. |
| 69(1)(b) | An order that the tenant pay compensation for the cost of rectifying work done by the tenant on the residential premises | Landlord | Explain why the tenant should pay compensation to you. Provide details about the work required |
Residential tenancy agreements and pre agreement matters
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 11 | An order declaring that an agreement is or is not a residential tenancy agreement under the Act or that are or are not premises to which the Act applies | Landlord |
Provide full details about the agreement. Explain why you think it is or is not a residential tenancy agreement under the Act. |
| 16 | An order that a landlord prepare and enter into a written residential tenancy agreement | Tenant | Provide details about the tenancy. |
| 20(3) | An order about a fixed term agreement of 20 years or more | Tenant | Provide details about the tenancy and explain why the order or declaration is needed. |
| 21 | An order that a term of a residential tenancy agreement is void or partly void because the term is inconsistent with the Act or Regulations | Landlord |
Explain which party of the Act you believe the term of the agreement is inconsistent with. |
| 25 | An order about a holding fee | Landlord |
Provide details about the holding fee and explain when it was paid. |
| 31 | An order about amending a condition report | Landlord |
Provide details about the part of the condition report you wish to amend and why. |
Security and safety
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 73(a) | An order to allow a lock or security device to be changed or removed or added | Landlord |
Explain why this order is necessary and why changes you want made. |
| 73(b) | An order authorising the landlord to refuse to give the tenant a copy of a key or other opening device or information | Landlord |
Explain why this order is necessary. |
| 73(c) | An order requiring a copy of a key or other opening device or information to be provided | Landlord |
Explain why this order is necessary. |
Tenant databases
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 217 | An order that personal information about a person in a residential tenancy database be wholly or partly removed, amended or not be listed | Tenant | Explain why this order is necessary. Provide details about your listing in the residential tenancy database, including the name and address of the database provider. |
Termination
| Section | Orders | Who can apply | Information required |
|---|---|---|---|
| 84 | A termination order at the end of the fixed term | Landlord | Provide the termination date. |
| 85 | A termination of a periodic agreement (no grounds) | Landlord | Provide details of the type of agreement, termination date and notice given. |
| 86 | A termination order as the property is being sold | Landlord | Provide the termination date and the date the contract for sale was exchanged. |
| 87 | A termination order where the tenant has breached the residential tenancy agreement | Landlord | Provide details of the type of agreement, termination date, notice given and breach. |
| 89(5) | A termination order and a finding that the tenant has frequently failed to pay rent or water usage | Landlord | Provide details of the type of agreement, termination date, notice given and breach. |
| 90 | A termination order where the tenant or occupant is causing serious damage or injury | Landlord | Provide details of the damage or injury, including the date/s when this occurred. |
| 91 | A termination order due to unlawful use of the premises by the tenant or occupant | Landlord | Provide details of the damage or injury, including the date/s when this occurred. |
| 92 | A termination order where the tenant or occupant has threatened, abused, intimidated or harassed the landlord, the landlord’s agent, an employee or contractor | Landlord | Provide details of the threatening, abusive or intimidating behaviour or harassment, including the date/s when this occurred. |
| 92A | A termination order where tenant has failed to comply with a rectification order | Landlord | Provide details of rectification order and non- compliance. |
| 93 | A termination order due to undue hardship | Landlord | Explain how you would suffer undue hardship if the tenancy were not terminated, for example, financial statements or health records. |
| 94 | An order for possession for a tenancy of 20 years or more | Landlord | Explain why this order is necessary. |
| 95 | An order for possession where the residential tenancy agreement has terminated and an occupant has not vacated | Landlord | Provide the termination date and details about when the tenant vacated and who remains in occupation. |
| 98 | An order revoking a termination notice given by a tenant because the landlord has remedied a breach Application to be made before the termination date and within 7 days after being served the termination notice |
Landlord | Provide details about the termination notice. Explain how you have remedied the breach. |
| 101 | An order requested by one co-tenant, terminating the residential agreement, where a termination notice has previously been given by another co-tenant | Tenant | Explain why you want NCAT to make this order. Provide details of the termination notice and termination date. Provide a copy of the residential tenancy agreement. |
| 102 | An order requested by one co-tenant, terminating their own tenancy or the tenancy of another co-tenant under the agreement, or terminating the residential tenancy agreement entirely | Tenant | Explain why you want NCAT to make this order. Provide details of the termination notice and termination date. Provide a copy of the residential tenancy agreement. |
| 103 | A termination order where the landlord has breached the residential tenancy agreement | Tenant | Provide details about the breach, including the date/s when this occurred. |
| 103A | A termination order where the landlord has contravened the information disclosure provisions | Tenant | Provide details about the information that you say was required to be disclosed but was not. |
| 104 | A termination order due to undue hardship | Tenant | Provide details about how you would suffer undue hardship if the tenancy were not terminated, for example financial statements or health records. |
| 105 | A termination order where a tenant has given a termination notice and not vacated | Tenant | Provide the termination date. Explain why this order is necessary |
| 105E | A termination order for the residential tenancy agreement if the Tribunal is satisfied that a domestic violence termination notice was given by another co-tenant in accordance with Division 3A | Tenant | Provide details of how the termination notice was given |
| 108 | A termination order due to the death of the sole tenant | Landlord | Provide the date for termination of the tenancy |
| 109 | A termination order where the agreement is frustrated | Landlord | Provide details about when and how the premises have become unusable or uninhabitable or destroyed or appropriated by an authority |
| 111 | An order declaring that a termination notice was or was not given in accordance with the Act | Provide details about the termination notice and how it was served. | |
| 115 | An order declaring that a termination notice has no effect because it was a retaliatory notice Application to be made within 30 days after being served with a 90 day no ground termination notice or within 14 days in any other case |
Provide details about the termination notice. Explain how you believe it was retaliatory. | |
| 147 | A termination order as the tenant is no longer eligible for social housing | Social housing provider only | Provide termination notice details and reasons why the termination order should be made. |
| 151 | A termination order as the tenant has been offered alternate social housing premises | Social housing provider only | Provide termination notice details and reasons why the termination order should be made. |
| 154(a) | A termination order as the tenant has failed or refused to enter into an acceptable behaviour agreement | NSW Land and Housing Corporation only | Provide termination notice details and reasons why the termination order should be made. |
| 154(b) | A termination order as the tenant has seriously or persistently breached the terms of an acceptable behaviour agreement | NSW Land and Housing Corporation only | Provide termination notice details and reasons why the termination order should be made. |
| 154FA | A termination order as the tenant has been found guilty of an offence under section 69 or 69A of the Housing Act 2001 | NSW Land and Housing Corporation only | Provide termination notice details and reasons why the termination order should be made. |
| 187(1)(i) | A termination order or an order for the possession of premises | Landlord | Provide termination notice details and reasons why the orders should be made. |
Last updated:
14 Oct 2024
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.