Resolving residential tenancy disputes

Key information

• The first step in resolving any problem or complaint is to carefully read the terms of your residential tenancy agreement.
• It is best for the tenant and landlord or agent to try to resolve any issues between themselves.
• To help reduce further disputes and provide a documentary trail if needed, tenants should make any requests in writing, including the details of any agreement reached.
• If an agreement can’t be reached, NSW tenants, landlords and agents have several options to resolve a dispute.

Repairs, maintenance or damage disputes

If a tenant or landlord is unable to resolve a dispute about repairs, maintenance or damage through NSW Fair Trading's tenancy and real estate complaint service, either party may be able have the dispute investigated further.

Fair Trading can investigate whether:

• the landlord has breached their obligation to provide and maintain the property in a reasonable state of repair.
• the tenant has caused (or permitted) damage to the property and failed to satisfactorily repair the damage without a reasonable excuse.

Fair Trading will then decide whether to issue a landlord or tenant rectification order based on these investigations.

The NSW Civil and Administrative Tribunal (NCAT) can also make orders relating to repairs, maintenance or damage to the property.

Rental bond disputes

A claim for a rental bond can be submitted by either the tenant or the landlord or agent once the tenancy has ended, but only if the status of the bond is "HELD". 

If a tenant doesn't agree with a landlord's or agent's claim on their bond, the tenant should try to talk to their landlord or agent about what could be done to deal with the dispute and try to come to an agreement.

If they cannot come to an agreement, they need to apply to the Tribunal and notify NSW Rental Bonds, before the 'due for payment' date.

Getting help with resolving disputes

• If tenants, landlords and agents are unable to resolve a dispute about a tenancy agreement, they can use Fair Trading's free tenancy complaint service.
• Tenants' advice and advocacy services provide assistance and advocacy for all tenants, particularly social housing tenants or the vulnerable. To find your nearest Tenants Advice and Advocacy Service, visit www.tenants.org.au or call 1800 251 101.
• NSW electricity and gas customers, and some water customers, should go to the Energy & Water Ombudsman NSW for disputes about these utilities.

Resolving disputes through the Tribunal

The NSW Civil and Administrative Tribunal (NCAT) is an independent body that hears and decides on applications for orders from tenants and landlords.

A landlord or tenant can decide to lodge an application with the Tribunal if:

• Fair Trading cannot find a solution mutually agreed to by both parties.
• A termination order is being sought.
• The complaint relates to a matter for which Fair Trading is not able to offer dispute resolution, such as a dispute relating to claiming a bond.

A landlord or tenant can apply directly to the Tribunal for orders relating to a residential tenancy instead of first making a complaint to Fair Trading, if they wish.