NCAT Termination Application for NSW Landlords: Fees, Evidence and Process

When a NSW tenant does not vacate by the date in a termination notice, the landlord's next step is the NSW Civil and Administrative Tribunal. NCAT is the only body that can make a termination order — the landlord cannot change locks, remove belongings, or call the police to enforce an expired notice. Here is how the application works.

When to Apply

A landlord can file an NCAT application after the vacate date in the termination notice has passed and the tenant has not surrendered possession. Do not apply before the date expires — NCAT will reject a premature application.

For serious misconduct cases (serious damage or injury, threats or abuse, or illegal use of the premises), sections 90, 91 and 92 allow the landlord to apply directly to NCAT without serving a termination notice first.

Filing Fees (As at July 2026)

The filing fee is non-refundable. If the application is dismissed because the notice was defective, the landlord loses the fee and must start again with a fresh notice.

How to File

Applications are lodged through the NCAT online portal or in person at an NCAT registry. The application form requires:

• The landlord's details (name, address, contact information)
• The tenant's details and the rental property address
• The statutory ground relied on
• The date the termination notice was served
• The vacate date specified in the notice
• A brief statement of the facts

NCAT staff cannot give legal advice or check your paperwork before filing. If the notice is defective, you will find out at the hearing — not at the registry counter.

What Evidence to Bring

The landlord bears the burden of proving three things at the hearing:

1. A valid termination notice was served. Bring:

• A complete copy of the signed termination notice
• The Termination Information Statement that was attached
• All ground-specific evidence that was included (contract extracts, signed statements, rent ledgers)

2. The notice was properly served. Bring your proof of service:

• For hand delivery: your service log with the date, time, location, and recipient name
• For post: Australia Post tracking receipt or proof of posting
• For email: the sent email with headers, timestamps, attachments, and a copy of the tenancy agreement or other record showing consent and the specified email address

3. The tenant has not complied. Evidence that the tenant remains in possession after the vacate date — this is usually self-evident, but bring any post-expiry correspondence confirming the tenant intends to stay.

Organise everything into three copies: one for the Tribunal member, one for the tenant (or their representative), and one for yourself. NCAT members expect a structured submission — loose papers and phone screenshots make a poor impression.

What Happens at the Hearing

NCAT hearings for residential tenancy terminations are typically listed before a single Tribunal member. The format is relatively informal compared to a court — but the legal requirements are strict.

The member will check:

• Whether the termination notice is valid (correct ground, evidence attached, Termination Information Statement included)
• Whether service was lawful and properly timed
• Whether the notice period was correctly calculated
• Whether the tenant has raised any challenge (retaliatory eviction under section 115, hardship application, or invalidity challenge)

If the notice is valid and no defence succeeds, the member makes a termination order specifying a date by which the tenant must vacate.

Tenant Defences

The tenant may argue:

• Notice invalidity — a missing document, wrong vacate date, or unlawful service method
• Retaliatory eviction (section 115) — the notice was issued in retaliation for the tenant requesting repairs, challenging a rent increase, or lodging a complaint with Fair Trading
• Hardship — under section 114, the tenant may ask NCAT to suspend a possession order for a specified period. NCAT considers the relative hardship to both parties and may require the tenant to pay an occupation fee during the suspension.

For rent arrears cases, section 89 generally prevents termination if, before the tenant vacates, they pay all outstanding rent and charges or follow an agreed repayment plan—even if NCAT has made an order or issued a warrant. The frequent-late-payment exception can still allow the tenancy to end.

After the Hearing

If NCAT makes a termination order and the tenant still does not leave, the landlord applies for a warrant of possession. The NSW Sheriff's Office executes the warrant — they are the only authority that can physically enforce possession.

Prepare Your NCAT File

The Ending a Tenancy in NSW guide includes an NCAT evidence binder checklist that maps out exactly which documents to prepare, how to organise the three-copy bundle, and what Tribunal members look for when reviewing a landlord's application.

See more New South Wales guides →