banner

 
Legal Resources for NCAT Cases

NCAT compensation table

excel

View online

excel

Downloadable Version (EXCEL)

 

A spreadsheet listing NCAT decisions awarding tenants compensation for losses caused by the landlord's breach of the agreement. Many of these are for non-economic loss, which is very rarely available to tenants now. Others are for rent reductions, which are still available, but must be applied for while the tenancy is still going.

Users will need Microsoft Excel on their computer. They will need to be familiar with the workings of Excel, mostly those related to sorting data. The resource will be most useful if users download it into their own computer before using it. The file on our website is read only.

The default settings for this file are that it is sorted by "type of problem" , then by case name. Note that cases are sometimes listed several times, if compensation was awarded for a number of different reasons. Experienced users may want to sort by "type of problem" and then by "Amount", to see the range of compensation that has been awarded for various problems.

This table is intended to give tenants a broad overview of compensation that has been awarded and the reasons for it. It is useful to give an idea of how much has been awarded for particular problems in the past.

Users intending to use this information in cases before the NCAT will need to carefully read the cases upon which they may rely. These can be obtained through AUSTLII, see below.

Link AUSTLII legal database of NCAT and other cases: This database contains the reported cases of the NSW Civil and Administrative Tribunal and predecessors. Tenants referring to this database need to have a good idea of what they are looking for. This is best gained by talking to your local Tenants Advice and Advocacy Service. Tenants would be well served to consult the book shown below, rather than trawling cold through case law.
Residential Tenancies Law and Practice New South Wales 5th edition by Allan Anforth Peter Christensen and Bill Taylor is a good reference for all aspects of tenancy law in NSW. The book is somewhat expensive, and best sourced through a library (local libraries should be able to get books like this in for you). Another good resource is the forthcoming Tenants Rights Guide produced by the Tenants Union of NSW.

AUSTLII version of the Residential Tenancies Act with case notes

Link

AUSLII opens with the index of the Residential Tenancies Act. Users select the section(s) of the Act that they are concerned with, and select "Note Up" from the top menu. AUSTLII will show cases that have dealt with the relevant section of the Act.

Anybody using this tool should first seek detailed advice from a Tenants Advice Service (see "Links" above).