What should I do before applying to NCAT for a tenancy issue?
Before you apply to the NSW Civil and Administrative Tribunal (NCAT), try to resolve the problem directly with your landlord in writing, lodge a complaint with NSW Fair Trading, and get free advice from a Tenants Advice and Advocacy Service (TAAS).
NCAT is often the final step in a dispute — not the first. Most problems get sorted out earlier, either through a written exchange with your landlord or a free complaint lodged with NSW Fair Trading. Starting there costs you nothing and can save you weeks of waiting for a Tribunal hearing.
Step 1: Put your complaint in writing
Before anything else, write to your landlord or their managing agent. Explain the problem clearly, say what you want them to do, and give them a reasonable time to respond — usually 14 days is fair for most issues.
Writing matters because NCAT will ask for evidence that you tried to resolve the dispute. A text message, email, or formal letter all count. The key is that you keep a copy and can show what you said and when you said it.
Be specific. If the problem is a repair, describe the damage. If it is a bond dispute, name the item being claimed. Vague complaints are easier to ignore.
If you are dealing with a bond deduction dispute, a written letter to your landlord before taking any further steps is especially important — it often triggers a response and starts a paper trail NCAT can use.
Step 2: Lodge a complaint with NSW Fair Trading
If writing to your landlord does not work, your next step is NSW Fair Trading’s free tenancy complaint service. This is a government-run process where a Fair Trading officer contacts both parties and tries to help you reach an agreement.
It is free. It is not binding — either side can walk away and go to NCAT if no agreement is reached. And it is not compulsory — you can go straight to NCAT if you want, but many disputes resolve here without needing a Tribunal at all.
You can lodge a complaint:
- Online through the NSW Government website
- By phone on 13 32 20
- In person at a Service NSW centre
Fair Trading will investigate your complaint and contact your landlord. They can look at issues including repairs, maintenance, damage, breach of agreement, and whether a termination notice is valid.
Step 3: Get free advice from TAAS
TAAS stands for Tenants Advice and Advocacy Services. It is a network of free, government-funded services delivered through community legal centres across NSW.
TAAS advisors can help you:
- Understand your rights under the Residential Tenancies Act 2010
- Work out whether you have a strong case
- Prepare your NCAT application and supporting documents
- Attend NCAT with you in some cases
To find your local service, go to tenants.org.au or call 1800 251 101. There are services covering metropolitan Sydney, regional NSW, and specialist services for Aboriginal and Torres Strait Islander renters.
LawAccess NSW (1300 888 529) is another free government referral line. If you are not sure where to start or what kind of help you need, LawAccess can point you to the right service.
Gather your evidence
Whether you settle at Fair Trading or end up at NCAT, strong evidence wins cases. Start collecting it early.
The key items to gather are:
- All written correspondence — every text, email, and letter between you and your landlord or agent
- Photos and videos — date-stamped if possible; capture the problem and any damage clearly
- Condition reports — the ingoing report is essential for bond disputes; the outgoing report matters too
- Receipts and quotes — if you have paid for something the landlord should have fixed, keep proof
- A timeline — a simple list of dates and events helps you and the Tribunal follow what happened
- Your lease — highlight any clauses directly relevant to the dispute
If urgent repairs are involved, photograph the problem the moment it appears and document every request you make.
Know your time limits
There are strict deadlines for applying to NCAT. These are set out in clause 39 of the Residential Tenancies Regulation 2019 (RTR cl 39). Missing a deadline usually means losing the right to apply.
Here are the most common limits:
| Issue | Time limit | Starts from |
|---|---|---|
| Excessive rent increase | 30 days | Date of rent increase notice |
| Non-compliant rent increase | 12 months | Date rent was increased |
| Breach of agreement | 3 months | When you became aware of the breach |
| Bond claim after bond paid out | 6 months | Date bond was paid out |
| Retaliatory eviction | 14–30 days | Date termination notice was given |
Important: the Fair Trading complaint process can take several weeks or longer. If your NCAT deadline is approaching, file with NCAT while the Fair Trading process is still ongoing. Filing does not prevent you from settling through Fair Trading — but missing the deadline will usually end your case before it starts.
When to skip Fair Trading and go straight to NCAT
Most disputes benefit from going through Fair Trading first. But some situations call for going directly to NCAT.
Urgent matters. If you face a safety issue, an imminent forced entry, or an urgent repair that is putting your health at risk, do not wait. NCAT can list urgent matters quickly.
Termination for serious landlord breach. If your landlord has seriously breached the tenancy agreement, section 103 of the Residential Tenancies Act 2010 allows you to apply directly to NCAT for a termination order. Under section 103(4), a tenant can make this application without first giving the landlord a termination notice. The Tribunal will decide whether the breach, in the circumstances, justifies ending the agreement.
Your landlord has already refused. If your landlord has clearly told you they will not negotiate or has ignored multiple written requests, there is little point in a Fair Trading process. Go to NCAT.
The application is genuinely urgent. Some applications — like challenging an eviction notice within a tight window — cannot wait for a complaint process to run its course.
A note on retaliation
Some tenants worry that raising a dispute — whether with the landlord directly, through Fair Trading, or at NCAT — will lead to a termination notice in response. Two protections sit between you and that outcome.
First, since 19 May 2025, “no-grounds” terminations by landlords have been unlawful in NSW. A landlord must have a valid reason under the Act to end your tenancy.
Second, section 115 of the Residential Tenancies Act 2010 has always protected tenants from retaliatory action. NCAT can declare a termination notice to have no effect if it finds the landlord was motivated to give the notice because you enforced your rights. If you receive a termination notice shortly after raising a complaint, keep both notices — the timing itself is relevant evidence.
Not sure whether NCAT is the right next step for you?
Ask RentWiz — our free AI tool answers your specific NSW tenancy question using the actual Act and Regulation. Try it now →
Most tenancy disputes never reach a Tribunal hearing. Landlords often respond when they receive a formal written complaint, and Fair Trading resolves many of the rest. The tenants who fare best at NCAT are the ones who started early, documented everything, and got free advice before they filed. Doing those three things — even if you end up at NCAT anyway — puts you in a much stronger position when you get there.