Your landlord is keeping part (or all) of your bond, you've tried to resolve it directly, and they won't budge. Now what?
In NSW, the next step is NCAT — the NSW Civil and Administrative Tribunal. It sounds intimidating, but it's specifically designed to be accessible to everyday people without lawyers. The filing fee is $55, the process is straightforward, and thousands of tenants go through it every year. Here's exactly how it works.
Before You File: Try to Resolve It Directly
NCAT expects you to make a genuine attempt to resolve the dispute before filing. This doesn't need to be anything elaborate — a written request (email is fine) to your landlord or agent clearly stating which deductions you disagree with and why.
If they refuse, ignore you, or offer an amount you consider unfair, you've met the requirement. Keep a copy of all correspondence — you'll want it for the hearing.
A formal demand letter that cites the specific sections of the Residential Tenancies Act 2010 carries more weight than a casual email. It shows the landlord you understand your rights, and in many cases, it's enough to resolve the dispute without ever going to NCAT.
Step 1: Lodge a Bond Claim With NSW Fair Trading
Before you can file at NCAT, you need to lodge a bond claim with NSW Fair Trading. Go to the Rental Bonds Online portal (rentalbonds.nsw.gov.au) and submit a claim for the amount you believe you're owed. Your landlord will be notified and given 14 days to respond.
If they agree, the bond is released according to the agreed split. If they disagree or don't respond, the disputed amount is held by Fair Trading and you can proceed to NCAT.
This step is a prerequisite — NCAT won't hear your case unless you've gone through the bond claim process first.
Step 2: File Your Application at NCAT
Once the bond claim is disputed, you can file an application with NCAT. You can do this online through the NCAT website (ncat.nsw.gov.au).
What you'll need to file: Your name and contact details. The landlord/agent's name and contact details. The property address. The bond number (from your bond lodgement receipt). A brief description of the dispute and the amount you're claiming. The $55 filing fee (concession rates are available).
The form itself takes about 15–20 minutes to complete. You don't need to use any legal language — plain English is perfectly fine. Focus on clearly stating which deductions you dispute, how much you believe you're owed, and why.
Step 3: Prepare Your Evidence
This is where bond disputes are won or lost. NCAT makes decisions based on evidence, so the more organised and thorough you are, the better your chances.
The condition report. This is your single most important document. It shows the state of the property when you moved in, and it's the baseline against which your landlord's claims are measured.
Photos from when you moved out. Ideally timestamped. Walk through the entire property and photograph every room, every wall, the oven, the bathrooms, the carpet, and any areas the landlord is claiming you damaged.
Your lease agreement. This confirms the terms of your tenancy, any specific clauses about cleaning or maintenance, and the rent amount.
Any correspondence with the landlord or agent. Emails, text messages, letters — anything that shows what was communicated about the bond, the deductions, or the property's condition.
Depreciation calculations. If the landlord is claiming for carpet, paint, blinds, or other items with a limited useful life, work out the depreciation. Tribunals regularly apply depreciation and it's one of the strongest arguments in bond disputes.
Step 4: Attend the Hearing
NCAT hearings for bond disputes are usually conducted by phone or video conference, though some are in person. They're relatively informal — there's no witness box or cross-examination. A tribunal member will hear both sides and ask questions.
The hearing typically takes 20–45 minutes. You'll be asked to explain your position, present your evidence, and respond to the landlord's claims.
Be organised. Have your evidence in order and be ready to refer to specific documents. Be factual, not emotional. Stick to the evidence and the law. Know the key legal provisions — section 104 (bond claims), section 187 (fair wear and tear), and the depreciation principles. Be respectful and concise.
Step 5: The Decision
NCAT will issue a decision, usually on the day of the hearing or shortly after. The decision is binding — both you and the landlord must comply. If NCAT orders your landlord to release part or all of the bond, NSW Fair Trading will process the payment.
If you're unhappy with the decision, there is a limited right to appeal, but for most bond disputes the initial decision is final.