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.
| 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. |
| 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. |
| 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). |
Applications for breach of the residential tenancy agreement are to be made within 3 months after the applicant becomes aware of the breach
An order for the payment of an amount of money
Maximum claim is $15,000
An order as to compensation
Maximum claim is $15,000
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
| 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 |