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ADVICE REGARDING LEASING DISPUTES

The first step in resolving any problem or dispute is to carefully read the terms of your agreement.

It is always best for a tenant and a landlord or agent to try and solve any problems between themselves. To avoid possible problems later, any agreement reached should be put in writing.

The following section will look at ways to solve leasing disputes when no solution can be found between the tenant, the landlord and/or the agent.

Dispute resolution service

If you are having tenancy problems and finding it difficult to find a solution on your own, you can use Fair Trading’s free dispute resolution service for selected residential tenancy disputes.

NSW tenants, landlords and property managers can use the voluntary service, which provides a convenient alternative to having residential matters heard by the NSW Civil and Administrative Tribunal (NCAT). The process is assisted by an experienced Fair Trading Officer who will aim to resolve the dispute through a mutual agreement.

Types of disputes

Fair Trading can help resolve tenancy disputes about:

• Repairs and maintenance
• Non-urgent health and safety issues
• Alteration to premises
• Access to premises or inspections
• Non-compliance with tenancy agreement
• Water saving devices and smoke alarms
• Provision of correct notices
• Ending a tenancy or breaking a lease
• Condition reports

Fair trading cannot assist in resolving disputes about:

• Public or social housing matters
• Urgent health and safety issues
• Lockout and evictions
• Termination
• Illegal activity
• Serious damage to the property
• Rental arrears in excess of 14 days
• Rental bond matters

Time frame

Generally, Fair Trading endeavours to resolve a dispute within 30 days of receipt of the complaint.

NSW Civil and Administrative Tribunal (NCAT)

If Fair Trading is unable to find a solution that was mutually agreeable by both parties, or if your dispute did not fall within the matters dealt by Fair Trading, you can lodge an application with the NSW Civil and Administrative Tribunal

The Tribunal is an independent decision making body which hears and decides applications for orders from tenants and landlords.

To lodge an application with the NSW Civil and Administrative Tribunal, please click here.

Costs

For information about the application fee to the Consumer and Commercial Division of NCAT, please click here.

A reduced fee is also available for eligible pensions and full time students.

Hearings are usually held within one month and are conducted at a venue as close as possible to the premises.

Time limits

There are prescribed time limits for making applications to the Tribunal for certain orders.

For more information, please with the NSW Civil and Administrative Tribunal website direction.

Orders

The Tribunal can make the orders 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

Hearings

The Member will first ask the parties to try to reach a settlement. If this cannot be achieved the case will then be heard in the Tribunal hearing room.

The Member will allow both parties, in turn, to tell their side of the events and present any evidence.

Hearings are usually informal, but 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, on the balance of probabilities, that the orders they are seeking should be given.

Any orders made are binding.