As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006, or the Residential Parks Act 1998. This factsheet explains what the Consumer, Trader and Tenancy Tribunal does to settle disputes between landlords and tenants in NSW.

About the tribunal

The Consumer, Trader and Tenancy Tribunal (CTTT) is an independent body which can deal with some disputes between landlords and tenants. It is not a formal court, but its decisions are legally binding. The people who hear cases at the CTTT are called Tribunal Members.

Applying for a hearing

Application forms are available at:

• Fair Trading Centres (www.fairtrading.nsw.gov.au)
• your local Tenants Advice and Advocacy Service (TAAS)
• CTTT registries or website (phone 1300 135 399 or see www.cttt.nsw.gov.au).

The form includes advice on how to fill it in. You can ask the CTTT to hide your address details in the copy it sends to the landlord.
Most remedies from the CTTT are for breach of contract (not obeying terms of the residential tenancy agreement).

Generally, you have up to 30 days from when you became aware of a breach to apply. Longer time limits apply in certain disputes. If you apply after 30 days, you can ask for an extension.

You can apply for an urgent hearing. Attach a letter to the application saying why it is urgent.

Costs

An application costs $34 ($5 if you are on a government pension or benefit, Austudy, Abstudy or have a Seniors Card – you must provide a copy of the card or Austudy/Abstudy advice). If you prove that paying the fee will cause you hardship, you can apply for free.

A summons for a witness or documents costs $37. (Get advice from your local TAAS about this.)

If the CTTT thinks that your application is not serious or that you are deliberately wasting its time, you may have to pay the landlord’s costs.

Representation

Tenants usually represent themselves. You can ask the CTTT to let another person (such as a tenant advocate) speak for you, but you will need to convince the Tribunal Member that you need this. You can bring a friend or family member for support.

A landlord may use a real estate agent to represent them.

Solicitors may only represent landlords or tenants in special cases.

Right to an interpreter

Write on your application, or tell the CTTT when you receive the notice of hearing, that you want an interpreter. The CTTT will provide one for free.

You should go to the hearing

It is important to attend the hearing as the CTTT can make orders that affect you, even if you are not there. If you do not go, you could later find that:

you have been evicted

you have been ordered to pay charges that you did not know about

everything the landlord said was taken as fact – you were not there to give evidence that the landlord was behaving unreasonably or making false claims.

If you apply for a hearing and do not attend, the CTTT will dismiss your application altogether.

Changing a hearing date

If the hearing is set for a date or time that you cannot make, write to the CTTT before the hearing and ask for another date or time. It also helps to ask the landlord/agent personally to agree to a change. You must give reasons for your request. For example:

• you are sick (you must provide a medical certificate)
• you want to arrange for someone to represent you
• the landlord has refused to give details of their claim.

If you do not hear from the CTTT about your request, attend the hearing as it may go ahead without you.

If you cannot ask for a change before the hearing, you can send someone else to ask for a new date. They will need a letter saying that they can speak for you, and they should also know the facts of your tenancy problem in case the CTTT refuses your request and runs the case without you.

If you are running late for a hearing, call the CTTT and say that you are on your way, otherwise the hearing may be over by the time you get there.

What to take to the hearing

The Tribunal Member hearing your case will need evidence that supports your arguments. If possible, take 3 copies of documents you want to use – one each for you, the landlord/agent and the Tribunal Member. These might include:

• the residential tenancy agreement
• a brief written statement of your case
• statutory declarations by other people who have witnessed important events or who can support your case (signed by a Justice of the Peace or a solicitor)
• receipts or quotes (e.g. for rent, bond, cleaning, repairs)
• copies of all letters between you and the landlord
• photographs that show the problem.

The first hearing

At the first hearing, the Tribunal Member will ask you and the landlord/agent to try to negotiate an agreement (conciliation). Sometimes a conciliator will help you, but often it is just you and the landlord/agent. Do not feel pressured into agreeing to something unfair.

If an agreement is made, the conciliator or Tribunal Member will write an order with your agreement – this ends the case.

If you and the landlord/agent cannot agree during conciliation, you have the right to have your case heard by a Tribunal Member. The CTTT may hear your case on the same day or set it to be heard on another day.

During a hearing

In an ‘informal’ hearing, the Tribunal Member will listen to you, the landlord, your representative (if any), and the landlord’s representative (if any). They will look at any documents, photos or other evidence, and will ask questions. They will then make a decision about the case – known as ‘orders’.

If the case is more complex, or either side wants to bring witnesses, a ‘formal’ hearing may be held. The case will be run more like a court, with evidence usually given on oath or affirmation. The Tribunal Member will usually ask the applicant (the person who lodged the application) to present their case first, then ask the other side to respond.

Be aware that it is an offence to mislead the CTTT.

Notice of orders and reasons

Notices of orders are sent by mail. If you want the reasons for orders, write to the CTTT Registrar within 14 days of getting the notice of orders.

Money orders

Money orders can be enforced through the Local Court. That process is started with a certified money order from the CTTT Registrar.

Renewing an application

If the landlord does not obey an order (other than a money order) you may apply to the CTTT to have the case renewed. The fee for a renewal application is $34 ($5 for students/pensioners).

You must apply within the time given in the original order or within 12 months of the date for compliance in the original order.

Rehearing

In some circumstances, an order may be changed or cancelled by a rehearing.

You must apply within 14 days of the date you received a notice of the order, or 14 days after receiving written reasons for a decision. You cannot apply for a rehearing after the Sheriff has evicted you.

Fill out an ‘Application for a Rehearing’ form and return it with the fee to the CTTT registry. The form asks you to prove that:

• there is substantial injustice, and
• the decision was not ‘fair and equitable’, or
• the decision was against the weight of evidence, or
• evidence is now available that was not available at the time of the hearing

and that a rehearing would lead to a different result.

Contact your local TAAS for help.

Updated: June 2009

Further help

• Your local Tenants Advice and Advocacy Service: www.tenants.org.au/publish/contact-us
• Other factsheets: www.tenants.org.au/publish/factsheets
• NSW Fair Trading Information Centre: 133 220

The information in this factsheet:
• is intended as guide to the law and should not be used as a substitute for legal advice
• applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
© Tenants' Union of NSW.