What to do now
Official path: NSW Government, Resolving residential tenancy disputes. Free negotiation: Lodge a residential tenancy complaint with NSW Fair Trading (Fair Trading cannot order compensation). Binding orders: NCAT tenancy and social housing under Residential Tenancies Act 2010 (NSW) s 187. Tenant walkthrough: Tenants' Union, NCAT factsheet. Keep paying rent. Confirm current fees on the NCAT fees page before you lodge.
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Document the loss today. Photos, videos, invoices, quotes, temporary accommodation receipts, higher utility bills, and a dated timeline of when you reported the problem. Keep paying rent.
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Put a dollar figure on each head of loss. Separate proven out-of-pocket costs (receipts) from any claim for loss of enjoyment of the home. Mitigate loss where you reasonably can (for example, move belongings out from under a leak).
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Write to the landlord or agent once. Say what was breached, what you want paid or fixed, attach your calculation, and give a short deadline (the Tenants' Union often suggests about one week). Say you will apply to NCAT if they do not resolve it.
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Optional free step: lodge a NSW Fair Trading tenancy complaint if talks stall. Fair Trading tries informal resolution (often within about 30 days) but cannot decide compensation or bind the landlord to pay.
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Apply to NCAT online via NCAT Online Services (or use the PDF form). Ask for compensation and/or payment of money under ss 187(1)(c) and 187(1)(d). List each item and amount. Use the landlord's correct legal name and service address. Apply within 3 months of becoming aware of the breach unless you have strong reasons to seek more time.
Worked example
Sam's roof leaked for weeks after Sam emailed the agent with photos on day one and followed up twice. Belongings were damaged ($420 to replace, with receipts) and Sam spent $95 on a dehumidifier. Sam wrote once claiming $515 plus a calculated loss-of-enjoyment amount for the unusable bedroom, with a one-week deadline. The agent refused. Sam lodged a free Fair Trading complaint; talks failed. Sam then applied to NCAT for compensation under s 187(1)(d) with the lease, emails, photos, receipts, and a one-page item list. At the first group list, the parties settled on reimbursement of the receipts plus a smaller rent credit. If talks had failed, the Member would have set evidence directions and listed a hearing.
What you can claim for
Common landlord-side examples (Tenants' Union / NCAT orders list): delayed or refused repairs, damage to belongings from unrepaired defects, loss of enjoyment (peace, comfort and privacy), unlawful access that damages goods, and other agreement breaches where you can prove loss.
You need to show the loss was caused by the landlord's breach, and that you took reasonable steps to limit the loss. Personal injury damages are a different pathway; NCAT residential tenancy proceedings are not suited to personal injury claims. Keep injury or illness claims separate from economic and loss-of-enjoyment claims, and get advice.
NCAT's usual maximum for compensation or payment-of-money orders under s 187 is $15,000. Get advice if your claim is near that limit.
You can also ask for related orders in the same application where they fit, such as repairs (s 65), rent paid into the Tribunal until repairs or a compensation claim is sorted (ss 65(5), 187(1)(f)), or a rent reduction where goods, services or facilities were withdrawn (s 44(1)(b)). See the NCAT tenancy orders list.
Clock, fees, and Fair Trading
Breach applications are generally made within 3 months after you become aware of the breach (NCAT general orders note on the tenancy orders page; Tenants' Union NCAT factsheet). If you are late, you can ask for an extension and the Tribunal decides at the first hearing.
As at 1 July 2026, NCAT residential proceedings (tenancy, social housing, residential communities, boarding houses) cost $64 standard or $16 reduced for eligible concession applicants (NCAT fees). The filing fee is generally not refunded if you withdraw. Serious financial hardship may support a fee waiver request.
Fair Trading's complaint service is free and informal. Use it to try settlement. Do not wait past your NCAT clock while a complaint is open if the 3-month limit is close.
Where to get help
NSW Fair Trading: 13 32 20
Lodge a residential tenancy complaint
NCAT Consumer and Commercial Division: 1300 006 228
Tenancy and social housing · Apply online · Fees
Tenants' Union of NSW / Tenants Advice and Advocacy Service: tenants.org.au · NCAT factsheet · advice line via your local TAAS (see the Tenants' Union site)
Legal Aid NSW / LawAccess: 1300 888 529