Resolving renting problems - NSW Fair Trading

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Resolving renting problems

First step
Residential tenancy complaint service
The NSW Civil and Administrative Tribunal

First step
The first step in resolving any problem or complaint is to carefully read the terms of your agreement.
It is always best for a tenant and landlord or agent to try to solve any problems between themselves. To avoid possible problems
later, any agreement reached should be put in writing.
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Residential tenancy complaint service

If your tenancy problems cannot be solved between you, you can use Fair Tradings free tenancy complaint service for selected
residential tenancy compaints or disputes.
NSW tenants, landlords and property managers can use the voluntary service. It may be a convenient alternative to the NSW
Civil and Administrative Tribunal (NCAT) hearing your matter.
An experienced Fair Trading Officer will aim to finalise the matter through mutual agreement. If Fair Trading cannot get the
parties to agree to a resolution, either party may lodge a claim with NCAT.
Find out more about this free service and the selected matters Fair Trading can help with on the Residential tenancy complaints
page on the Fair Trading website. You can also call our 13 32 20 hotline with your tenancy questions.
The Tenants Advice and Advocacy Services provide assistance and advocacy to all tenants, particularly social housing tenants or
the vulnerable. To find your nearest Tenants Advice and Advocacy Service go to www.tenants.org.au or call 8117 3700.
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The NSW Civil and Administrative Tribunal

You may decide to lodge an application with the NSW Civil and Administrative Tribunal if:
Fair Trading cannot find a solution mutually agreed to by both parties
your complaint is not covered by matters dealt with by Fair Trading.
The Tribunal is an independent body which hears and decides on applications for orders from tenants and landlords.
Go to the NSW Civil and Administrative Tribunal website for more information or to access Tribunal application forms.

Costs
The NSW Civil and Administrative Tribunal fees page lists the fee to apply to the Consumer and Commercial Division of
the Tribunal. There is a reduced fee for eligible pensioners and full time students. Hearings are usually held within 1 month at a
venue nearby the premises.

Time limits
There are time limits for applying to the Tribunal for certain orders. For example, in cases where an order is requested regarding
broken terms of the tenancy agreement, this order should normally be sought within 3 months of becoming aware of this.

Orders
The Tribunal can make orders, among others, 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.

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Resolving renting problems - NSW Fair Trading

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More information about time limits and orders is available on the NSW Civil and Administrative Tribunal website.

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. 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 that the orders
they are seeking should be given. Any orders made are binding.
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Related information
NSW Civil and Administrative Tribunal
On 1 January 2014, the Consumer, Trader and Tenancy Tribunal (CTTT), along with more than 20 other State tribunals,
was integrated into the NSW Civil and Administrative Tribunal (NCAT).

Last Updated: 13 February 2012

Page URL: http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Renting_a_home/Resolving_renting_problems.page?
This information must not be relied on as legal advice. For more information about this topic, refer to the appropriate legislation.
State of New South Wales through NSW Fair Trading.
You may freely copy, distribute, display or download this information with some important restrictions. See NSW Fair Tradings copyright
policy at www.fairtrading.nsw.gov.au

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