Going to the NSW Civil and Administrative Tribunal
What is the NSW Civil and Administrative Tribunal?
If you are a tenant or think you may be a tenant and you’re having problems with your landlord, agent, or head-tenant, you can apply to the Tribunal to have the matter resolved.
The Tribunal has a number of different divisions.
The division for tenancy and boarding house disputes is called the Consumer and Commercial Division.
The Tribunal sits at various locations in Sydney and throughout NSW.
It is designed to provide cheap and informal resolutions to disputes between landlords and tenants.
The application fee for a Tribunal application is less than a court, and there are usually no other costs involved, such as legal fees.
Refer to the Tribunal website for up-to-date fees and charges.
To start an application in the Tribunal, you fill out a form and lodge it with a Tribunal registry, in person, by mail, or online.
The form asks you what orders you want the Tribunal to make and why.
If you make an application to the Tribunal, you will need to provide evidence of your claims.
For example, if your landlord failed to carry out repairs over a period of time, you should have copies of letters asking for the repairs, photographs of the problem, or statements from witnesses who can confirm your claims.
Before going to a formal, contested hearing, you will be given the chance to negotiate with your landlord in conciliation.
A “Conciliation and Group List” hearing is the first stage of the Tribunal process.
This will involve both you and your landlord presenting your evidence to each other and trying to come to an agreement on the matter.
A conciliator will be available to assist negotiations if desired.
If you make an agreement, the Tribunal will turn your agreement into orders.
If you can’t reach an agreement, the Tribunal Member will determine whether they have the time and enough evidence to decide the matter on the day.
If not, your matter will be adjourned to a formal hearing which will take place at a later date.
Before the formal hearing, both parties will have the opportunity to exchange evidence with each other.
At the formal hearing, you will be able to give sworn statements to the Tribunal Member to support your case.
If you are planning to take a case to the Tribunal, contact your local tenants’ advice service for information about what you need to do to lodge an application and prepare for the hearing. See Useful Contacts.
If your landlord has applied to the Tribunal, make sure you turn up for the hearing.
If you don’t show up, the Tribunal can still make orders against you.
Even if you have no written evidence in support of your case, it is important that you take the opportunity to defend yourself and explain what happened.
Your circumstances will generally be taken into account, and it may be possible to get more time to move out or negotiate a settlement.