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applying to the tribunal
you can make an application to the tribunal electronically through its website or by filling out an application form. the tribunal’s application forms are available from the tribunal’s website, service nsw centres and tenants advice and advocacy services.
as at may 2016, the application fee for ‘residential proceedings’ in the tribunal’s consumer and commercial division is $47 (it’s the same for landlords and tenants). pensioners and students pay $5. the application fee for consumer or commercial proceedings (such as an application under the fair trading act 1987 (nsw)) is $47 if the amount claimed is not more than $10,000; for higher amounts the fee is higher (ncat regulation, schedule 2).
applications and time limits
the two most common types of application to the tribunal, and the time limits for each, are:
- applications by landlords for termination, where the landlord has given a termination notice and the tenant has not moved out – 30 days from the termination date in the notice (residential tenancies act 2010, section 83(2));
- applications (by landlords or tenants) for orders about a breach of a tenancy agreement – 3 months from when the applicant became aware of the breach (rt act 2010, section 190).
where there is no time limit stated in the rt act 2010 or the rt reg 2010, the civil and administrative tribunal rules 2014 (nsw) (ncat rules 2014) set a time limit of 28 days from when the party became entitled to make the application (rule 23(3)(b)). for some types of application (for example, applications for a declaration that the rt act applies to an agreement (section 11), or that an occupant is recognised as a tenant (section 77)), the imposition of this time limit may produce outcomes that are strange or harsh, and having no time limit would make more sense.
this is changed
the cttt’s legislation did not set a time limit where none was specified in other legislation. for these sorts of applications, it was assumed that the six-year time limit on proceedings arising from contracts applied: limitation act 1969 (nsw), section 14(1)(a).
tables 5.2 and 5.3 present time limits for all applications to the tribunal under the rt act 2010, the rt reg 2010 and the ncat rules 2014. (the latter are marked * in the tables.)
the timeframes for applications about excessive rent where there has been a withdrawal of goods, service and facilities (section 44(1)(b)) are unusual. section 44(3) provides that a tenant may make this application ‘before the end of a tenancy’. this probably cannot be extended to allow applications after a tenancy has ended, because it appears to be a jurisdictional requirement (part of what defines the tribunal’s ability to hear a matter) rather than a time limit. (the tribunal can decide to extend time limits for applications within its jurisdiction, but cannot decide extend its jurisdiction.) because ‘before the end of a tenancy’ is probably not a time limit, you should assume that the default 28-day time limit applies to these applications too.
extensions of time
if you’re outside the time limit, you can ask the tribunal for an extension of time to make your application (ncat act 2013, section 41). lodge your application in the usual way, and note on it that one of the orders you seek is an extension of time. at the hearing, be prepared to explain to the tribunal why it is fair to allow the extension and, in particular, how the delay has not disadvantaged the other party.
urgent hearings
most applications to the tribunal get a hearing about three weeks after lodgement.
you can ask for your application to be heard urgently, but you will have to convince the tribunal that the matter is urgent. write your request and explanation in a cover letter attached to your application form. you should also attach copies of evidence of the urgency. applications for urgent hearings cannot be lodged electronically.
what the tribunal does not deal with
there are legal limits on the types of disputes that the tribunal can deal with, and the orders it can make.
the tribunal does not deal with:
- social housing decisions about eligibility, rental rebates and other policy matters;
- disputes between co-tenants about the payment of money (except in relation to the payment of bond to a former co-tenant);
- residential tenancy disputes about amounts of money, or repairs, in excess of $15,000 (except in relation to bonds: the limit here is $30,000).
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The passage contains sixty-five "f"s.
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