How to lodge a tenant complaint in NSW
Tenants in NSW who have a dispute with their landlord or agent can lodge a complaint with NSW Fair Trading or apply to the NSW Civil and Administrative Tribunal (NCAT) under the Residential Tenancies Act 2010 (NSW). Common issues include repairs, bond disputes, rent increases, and termination notices.
The framework
Tenant complaints in NSW are governed by the Residential Tenancies Act 2010 (NSW). NSW Fair Trading handles initial complaints. NCAT determines disputes.
The process
Identify the issue
Determine the nature of your complaint — repairs, bond dispute, excessive rent increase, breach of agreement, or another tenancy issue.
Attempt to resolve directly with the landlord or agent
Write to your landlord or agent in writing (email or letter) setting out the issue and what you want done. Keep a copy.
Gather evidence
Collect evidence including photos, condition reports, correspondence, receipts, and your tenancy agreement.
Contact NSW Fair Trading
If the issue is unresolved, contact NSW Fair Trading for advice and assistance. Fair Trading can contact the landlord or agent on your behalf.
Request formal mediation (if applicable)
NSW Fair Trading may offer mediation to help both parties reach an agreement without going to NCAT.
Complete the NCAT application form
If the issue remains unresolved, fill out the NCAT Tenancy application form. Specify the orders you are seeking.
File the application with NCAT
Lodge the application at NCAT online or at the registry. Pay the applicable filing fee (reduced fees are available for concession holders).
Serve the other party
Serve the NCAT application on the landlord or agent in accordance with NCAT rules. NCAT can assist with service requirements.
Attend the NCAT hearing
Present your case and evidence at the hearing. NCAT hearings for tenancy matters are typically informal and do not require a lawyer.
Receive and comply with the NCAT order
NCAT will make orders — for example, requiring repairs, refunding bond, or adjusting rent. Both parties must comply. Non-compliance can be enforced.
Common mistakes
- Not putting the complaint in writing to the landlord or agent first
- Not keeping copies of all correspondence and evidence
- Missing NCAT filing deadlines, particularly for bond disputes (within 28 days of bond claim)
- Not specifying the exact orders sought in the NCAT application
- Failing to attend the NCAT hearing — the application may be dismissed
Get this process right with Quillio
Quillio helps draft tenancy complaints, NCAT applications, and correspondence to landlords for NSW tenancy disputes. See /practice-areas/property-lawyers or start a free trial.
This guide is general information about tenant complaints in NSW — not legal advice. Contact the Tenants' Union of NSW for free advice or a lawyer for complex matters.
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