NCAT repairs orders (NSW): how tenants make landlords fix things
A landlord's duty to keep the premises in a reasonable state of repair is not optional. It sits in section 63 of the Residential Tenancies Act 2010 (NSW) ("RTA"). Urgent problems — burst pipes, gas leaks, no hot water — have their own faster pathway under section 62.
This page covers how a repairs case actually runs at NCAT: which section applies, the $1,000 self-pay cap for urgent work, the documents the Member will look for, and the kinds of orders the Tribunal can make.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
A repairs dispute is a case where the tenant asks NCAT to order the landlord (or agent acting for the landlord) to carry out repairs, reimburse urgent repairs the tenant has paid for, or compensate the tenant for loss caused by the disrepair — for example a rent reduction for reduced amenity while a bathroom is unusable.
There are two legal pathways. Section 62 (urgent repairs) covers a defined list: burst water service, blocked or broken toilet, serious roof leak, gas leak, dangerous electrical fault, flooding or serious flood damage, serious storm or fire damage, failure or breakdown of gas/electricity/water supply, failure of the stove/oven, failure of hot water, and any fault or damage that makes the premises unsafe or insecure. Section 63 (general repairs) covers everything else — the broader duty to keep the premises in a reasonable state of repair, with allowance for the age, character and rent of the premises.
One critical framing: a request to fix something is not a court order. The landlord's failure to act after a written request is what unlocks NCAT. Without a paper trail you have nothing to point to. Put every repair request in writing — email or text — and keep the originals.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- Reasonable timeLandlord's window to attend a s63 general repair after written noticeRTA s63
- ImmediateLandlord's duty for s62 urgent repairs once notifiedRTA s62
- $1,000Tenant self-pay limit for urgent repairs (then recover from landlord)RTA s62(5)
- 3 monthsGeneral breach-of-agreement window (e.g. claim for compensation)RTA, time limit on breach claims
- 14 daysInternal appeal window for residential proceedingsNCAT Guideline 1
The process, step by step
- 1
Before NCAT — written request and a reasonable opportunity
Put the request in writing. Email is best because it timestamps itself and copies to your sent folder; text is acceptable. List each item, what's wrong, and (for urgent items) the relevant paragraph of s62. Ask for a date by which the work will be done and request the landlord's insurer or tradesperson contact for urgent items.
Give the landlord a reasonable opportunity to act. "Reasonable" depends on the urgency: hours for a gas leak, days for a non-functional stove, a week or two for a non-urgent leaking tap. If they don't respond, follow up in writing — the second request strengthens your case.
- 2
Urgent repairs — the self-pay pathway
If the repair is on the s62 urgent list and the landlord, agent, or nominated tradesperson can't be contacted or won't act, the tenant can arrange the repair themselves and recover up to $1,000 from the landlord under s62(5). The tenant must use a qualified tradesperson and keep the invoice.
Don't skip the contact attempts — courts and the Tribunal will ask what you did to reach the landlord. Two phone calls plus a follow-up email is a defensible record; one missed call is not.
- 3
Lodging the NCAT application
Use the Tenancy / Social Housing Application via the NCAT Online portal (ncat.nsw.gov.au/apply), at any NCAT registry, or by post. The fee is $62 standard, $16 concession on the 1 July 2025 schedule.
Be specific in "orders sought". Examples that work: "Order that the landlord cause a licensed plumber to replace the failed hot water system at the premises within 14 days of the order"; "Order that the landlord reimburse the tenant $812 for urgent plumbing repairs paid on 14 March 2025 under s62(5)"; "Order a rent reduction of 20% for the period 1 February to 28 March 2025 during which the only bathroom was unusable".
- 4
Notice of Listing — conciliation and hearing
NCAT lists tenancy repair matters quickly. The Notice of Listing usually sets down a combined conciliation and hearing for the same day. At conciliation, agents often offer to "send the tradie" — make sure any agreement is recorded as consent orders with a specific date, not a vague promise.
If you don't agree, the Member moves to a hearing. Don't agree to drop a rent-reduction claim in exchange for a repair the landlord was already obliged to do — that's giving away your compensation for free.
- 5
Hearing day
Bring three copies of every document — Member, other side, you — paginated and indexed. Lead with a one-page chronology: date you first reported the problem, every follow-up, landlord's response or silence. Photos and short videos go in a printed bundle with captions and dates.
If you've had a tradesperson attend, their quote or invoice is evidence both that the work was needed and what it cost. Where health was affected, a GP letter helps quantify compensation.
- 6
After the orders
Work orders are date-specific — the landlord must do the work by the ordered date. If they don't, you can apply back to NCAT for further orders, or treat it as a serious breach. Money orders for reimbursement or rent reduction can be enforced by registering the order at the Local Court and using a writ for levy of property or a garnishee.
Either party can apply to the Appeal Panel within 14 days of the orders. Appeals on a question of law are as of right; on the facts you need leave.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
Every written repair request and follow-up
Export full email threads with headers, and dated SMS exports. Screenshots are weaker than originals.
Date-stamped photos and short video
Phone photos with EXIF metadata are fine. Print key shots at A4 with captions, paginate, and label.
Ingoing condition report
Establishes the baseline state at move-in — important for arguments about wear and tear or pre-existing problems.
Tenancy agreement and any variations
The agent must give you a copy on request. Identifies the legal lessor (who you name as respondent).
Tradesperson quotes or invoices
Two written quotes are stronger than one for the cost of rectification. Invoices for paid urgent repairs are essential under s62(5).
Medical evidence (if health affected)
Short GP letter linking the disrepair (e.g. mould, no hot water in winter) to a health impact.
Records of attempts to contact the landlord/agent
Call log entries, voicemails, dated emails. Especially important for the s62 urgent-repairs self-pay pathway.
Calculation of any rent reduction claimed
How much rent for how many days at what percentage. A simple table with daily rent and the affected period is enough.
Common reasons people lose
No written record of the original request
If you only ever rang the agent, you cannot prove the landlord was on notice. Always follow up a phone call with a same-day email or text.
Naming the agent instead of the landlord
Name the legal lessor (the owner) as respondent. Check the lease — the agent acts on behalf of the lessor, not in their own right.
Spending more than $1,000 on urgent repairs without authority
The s62(5) recovery right is capped at $1,000. Anything more needs the landlord's authorisation in writing or a Tribunal order.
Treating a s63 non-urgent matter as a s62 urgent one
A dripping tap is not on the urgent list. Citing the wrong section can lose credibility — match the legal pathway to the facts.
Vague 'orders sought'
'Fix the place' is not an order. Specify the item, the standard, the deadline, and the dollar amount of compensation.
Bringing one set of documents
Bring three copies, paginated and indexed. Tribunals consistently flag this as a top mistake.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Work order — landlord to carry out specified repairs
An order that the landlord cause specified work to be done at the premises by a stated date, e.g. replace the hot water system within 14 days.
Reimbursement of urgent repairs paid by the tenant
An order that the landlord pay the tenant a specified sum (up to $1,000) for urgent repairs paid under RTA s62(5).
Rent reduction for reduced amenity
An order reducing the rent for a defined period during which all or part of the premises was uninhabitable or significantly reduced in amenity.
Compensation for consequential loss
Damages for actual loss caused by the disrepair — e.g. damaged personal belongings, increased power bills from inefficient heating, alternative accommodation.
Order that the landlord engage a particular trade
Where the landlord has used unqualified workers, NCAT can order use of a licensed tradesperson for the rectification.
Free help
- Tenants' Union NSW — repairs factsheet (FS-06)
Plain-English explanation of s62 and s63 with sample letters.
- Tenants' Advice & Advocacy Services (TAAS)
Free local advice for tenants. Regional offices listed on tenants.org.au.
- NSW Fair Trading — repairs and maintenance
Government guidance for tenants and landlords.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- Legal Aid NSW — housing help
Tenancy assistance, means-tested.
- Residential Tenancies Act 2010 (NSW)
Sections 62 and 63 set the duties and remedies.
Questions self-reps ask
What counts as an urgent repair under s62?
Section 62 lists urgent repairs as: a burst water service; blocked or broken toilet; serious roof leak; gas leak; dangerous electrical fault; flooding or serious flood damage; serious storm or fire damage; failure or breakdown of gas, electricity or water supply; failure of the stove or oven; failure of hot water service; or any fault or damage that makes the premises unsafe or insecure.
If the issue isn't on that list, it's a s63 general repair — still the landlord's duty, just without the urgent self-pay pathway.
Can I withhold rent until the landlord fixes the problem?
No. Withholding rent puts you in breach and exposes you to a termination notice for non-payment, even if the landlord is also in breach.
The correct path is to apply to NCAT for an order requiring the work and, separately, for a rent reduction backdated to the period the premises lost amenity. NCAT can backdate rent reductions; you cannot self-help by paying less.
Can I arrange the repair myself and bill the landlord?
Only for urgent repairs on the s62 list, only up to $1,000, and only after a genuine attempt to reach the landlord, agent or nominated tradesperson. Use a qualified tradesperson and keep the invoice.
For non-urgent repairs or for amounts over $1,000, you need the landlord's written authority or an NCAT order — otherwise you're unlikely to recover.
What about mould?
Mould is generally treated under s63 unless it's caused by an urgent issue like a roof leak (s62). The landlord must address the cause, not just paint over it.
Bring dated photos, any expert or building inspector report, and where health is affected, a GP letter. NCAT can order rectification and a rent reduction for reduced amenity during the affected period.
Can the landlord retaliate by ending the tenancy?
Section 115 of the RTA gives NCAT power to declare a termination notice retaliatory and set it aside, if the notice was given in response to the tenant exercising or proposing to exercise a right.
If you receive a termination notice within weeks of asking for repairs or after starting an NCAT application, raise s115 in your response and bring the chronology of events.
How much rent reduction can I get?
There is no fixed formula. NCAT looks at how much of the premises was affected, for how long, and how severely.
A bathroom unusable for a month in a one-bathroom flat attracts a larger reduction than a slow leak in a laundry. Members commonly award between 10% and 40% of rent for the affected period; severe cases (no hot water in winter, uninhabitable bedroom) can be higher.
How long does a repairs case take?
Tenancy matters are listed quickly — typically within 2 to 4 weeks of lodgement. Most repairs cases are heard at the first listing in a combined conciliation/hearing.
Complex or contested matters with multiple defects can be adjourned for directions and re-listed, adding weeks or months to resolution.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.