Fillable Terminati on and possession for non-payment of rent (New South Wales)

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Terminati on and possession for non-payment of rent (New South Wales)

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  • 22 check-boxes
  • 35 other fields

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NCAT Consumer and Commercial Division Form | Termination and possession for non-payment of rent Page | 1
March 2020
Application for
Terminati
on and possession for non-payment of rent
CONSUMER AND COMMERCIAL DIVISION | TENANCY OR SOCIAL HOUSING LIST
Complete this form to apply to NCAT’s Consumer and Commercial Division for termination and possession orders
under the Residential Tenancies Act 2010 for the non-payment of rent. Termination and possession applications can
also be lodged online with NCAT Online
.
File Number
Office use only
1. RENTED PREMISES
A. TYPE OF TENANCY
Is the tenancy a private tenancy or a social housing tenancy?
Private tenancy Social housing tenancy
B. ADDRESS OF RENTED PREMISES
Provide the address of the house or unit that is the rental property, the subject of the dispute, as it appears on the
residential tenancy agreement.
Address:
C. RENTAL BOND
NUMBER
D. REAL ESTAT
E AGENCY DETAILS
If applicable, provide name and address of real estate agency managing the rented premises.
Agency name:
Agency add
ress:
E. RELATED FILE NUMBERS
List an
y previous NCAT file numbers relating to the parties:
2. LANDLORD
A. LANDLORD’S DETAILS
Provide the landlord’s name and address. If there are multiple landlords, please provide details of all landlords on the
application form or separate sheet if insufficient space.
Full name:
Postal address:
Contact
details: Daytime telephone
Mobile
Email address:*
* By providi
ng an email address you are agreeing that any NCAT notices, orders and correspondence can be emailed
to you. Ensure the email address provided is accurate and the account is checked regularly.
NCAT Consumer and Commercial Division Form | Termination and possession for non-payment of rent Page | 2
3. TENANT
A. TENANT’S DETAILS
Provide the tenant’s name and address. If there are multiple tenants, please specify names of all tenants on the application
form or separate sheet if insufficient space.
Full name:
Postal address:
Contact details: Daytime telephone
Mobile
Email
4. ORDER DETAILS
A. WHAT ORDERS DO YOU WANT?
Tick the types of orders you are seeking under the Residential Tenancies Act 2010. An application for termination and
possession must be lodged within 30 days after the termination date specified in the termination notice. You may request
more than one order.
Termination and possession of the premises on ground of non-payment of rent
Payment of rent arrears
Daily occupation fee
The rental bond (or part) to be paid to you
Specific performance order that the tenant pay rent on time
Other orders (please describe)
If the tenant pays all of rent owing or enters into and fully complies with a repayment plan, will you nevertheless be
seeking to terminate the tenancy agreement because the tenant has frequently failed to pay the rent?
Yes No
If yes, give details:
B. REASONS FOR ASKING FOR THE ORDERS?
Give details about the breaches by the tenant. Include the amount of rent arrears as at the date the Termination Notice was
deemed served on the tenant.
NCAT Consumer and Commercial Division Form | Termination and possession for non-payment of rent Page | 3
5. TERMINATION NOTICE
A. TERMINATION DATE
Specify the date of termination as provided in the Termination Notice:
B. DATE OF TERMINATION NOTICE
Specify the date the Termination Notice was made:
C. QUESTIONS ABOUT THE TERMINATION NOTICE
Place a tick next to all questions that apply to the Termination Notice that was served on the tenant. If all boxes are not
ticked, your Termination Notice may not be valid and your application may be dismissed.
Tenant is more than 14 days in arrears on the Service Date?
Termination notice is in writing?
Notice states the address of the rented premises?
Notice is signed and dated by the landlord or agent?
Notice includes the grounds of the breach?
Notice specifies the day on which the tenancy agreement is terminated?
Notice states that the tenant is not required to vacate if the tenant pays all the rent owing or complies with the
repayment plan fully?
Rent owing by the tenant has not been paid in full OR the agreed repayment plan has not been fully complied with?
D. SERVICE OF TERMINATION NOTICE
Complete the relevant section detailing how and when the tenant was given the Termination Notice.
Method of service Service Date
Notice was posted on and deemed received* by tenant on:
Notice was given personally to the tenant or other person at the premises on:
Notice was placed in the letter box on:
Notice was emailed on:
*Postal Service Date: If the Termination Notice was posted, it is deemed served on the 7
th
working day (excluding
weekends and holidays). For example, if the Notice was posted on a Monday, the notice is deemed served on the
Wednesday of following week (excluding any public holidays in the period).
6. LANGUAGE AND DISABILITY SUPPORT
A. SUPPORT REQUIREMENTS
Indicate whether you have a disability-related need or other request for support at the hearing.
B. INTERPRETER
Do you need an interpreter for the hearing? No Yes (specify language):
NCAT Consumer and Commercial Division Form | Termination and possession for non-payment of rent Page | 4
7. APPLICATION CHECKLIST
I have attached other documents relevant to this application
Include all relevant information with your application. Relevant documents may include the residential tenancy agreement,
notices, letters and other correspondence, quotes, invoices etc. Note: A copy of this application and any attachments will
be sent to the respondent.
I have made a copy of this application for my own records
Before lodging your application with NCAT you must make a copy of your application for your own records.
I have attached the application fee
Refer to the fee schedule on the NCAT website. Credit card payments can be made by submitting a credit card authority
form with your application. Credit card surcharges apply. Cheque or money order payments are to be made out to ‘NSW
Civil and Administrative Tribunal’ or ‘NCAT’. Payment can be made in person at any NCAT Registry or NSW Service
Centre. Concession fee applicants must provide a photocopy of their concession card.
8. SIGNATURE
Applicant’s signature or signature of representative.
Name
Signature
Date
Lodge your Application with the fee at your nearest NCAT Registry
For NCAT Consumer and Commercial Division Registry locations visit the NCAT website. For all NCAT enquiries telephone
1300 006 228 or visit www.ncat.nsw.gov.au.
Do you need language assistance?
Call the Translating and Interpreting Service (TIS National) on 131 450 and ask them to telephone NCAT on 1300 006 228. Visit
the NCAT website for information in community languages.
click to sign
signature
click to edit
NCAT Consumer and Commercial Division Form | Termination and possession for non-payment of rent Page | 5
GUIDE TO COMPLETING THE APPLICATION FORM
Use the following information to help you complete the Application for ‘Termination and possession for non-payment of rent’.
Section headings and numbers match the questions on the form.
1. RENTED PREMISES
A. TYPE OF TENANCY
Please indicate whether the tenancy is a private tenancy
between a landlord and tenant, or a social housing tenancy
between a social housing provider and a tenant.
B. ADDRESS OF RENTED PREMISES
This is the address of the house or unit that is the rental
property, as it appears on the residential tenancy
agreement.
C. RENTAL BOND NUMBER
This is the number on the receipt issued by NSW Fair
Trading after the bond has been lodged. For rental bond
number details contact NSW Fair Trading on 13 32 20.
D. REAL ESTATE AGENCY DETAILS
If the rented premises is managed by a real estate agency,
please include the agency’s name and postal address.
E. RELATED FILE NUMBERS
If you have already been to NCAT, or if this is a cross claim
to an application already pending before NCAT, enter the
previous file numbers if you know them. These should be
file numbers of other matters with the same parties.
2. LANDLORD
A. LANDLORD’S DETAILS
Provide the landlord’s full name, postal address and
telephone/email contact details. If there is a residential
tenancy agreement, provide the landlord’s name as it
appears on the agreement.
If there are multiple landlords, please specify the names of
all landlords on the application form. If there is insufficient
space you may attach the additional information.
Real estate agents lodging on behalf of a landlord
Real estate agents lodging an application on behalf of the
landlord will need to:
• Specify the landlord’s name as it appears on the
residential tenancy agreement
• Provide the agency’s postal address and contact
details.
Do you want NCAT notices and correspondence
emailed to you?
By providing your email address you are agreeing to
receive all case-related correspondence by email, including
the notice of hearing. To change your email address, log
into eServices
via the NCAT website.
3. TENANT
A. TENANT’S DETAILS
Provide the tenant’s full name. If there are multiple tenants,
please specify the names of all tenants on the application
form. If there is insufficient space, attach the additional
information on a separate sheet.
Provide the tenant’s last known postal address. Include the
tenant’s telephone number and email address if known.
Note: Make sure the tenant is named correctly. If the
information provided about the tenant is incorrect, this may
delay proceedings or result in orders being made that are
unenforceable.
4. ORDER DETAILS
A. WHAT ORDERS DO YOU WANT?
Tick the orders you are seeking under the Residential
Tenancies Act 2010. You may request more than one
order.
Check that the orders you are seeking are within the
jurisdiction time limits. An application for termination and
possession must be lodged within 30 days after the
termination date specified in the termination notice.
If you are unsure which order to select, please contact
NSW Fair Trading for assistance on 13 32 20.
B. REASONS FOR ASKING FOR THE ORDERS?
You must explain why you are lodging the application and
seeking orders from NCAT. Your reasons must be detailed
enough so that the respondent can understand what the
dispute is about. Attach additional information on a
separate sheet if there is insufficient space.
5. TERMINATION NOTICE
A. TERMINATION DATE
The termination date is the day specified in the termination
notice as the day on which the residential tenancy
agreement is terminated and by which the tenant must
leave the rented premises.
B. DATE OF TERMINATION NOTICE
You must specify the date of the termination notice, that is
the date the notice was made.
C. QUESTIONS ABOUT THE TERMINATION NOTICE
Tick all boxes that apply to the termination notice served on
the tenant.
• Tenant more than 14 days in arrears on the Service
Date
A termination notice given by a landlord on the ground
of a breach of the agreement solely arising from failure
to pay rent has no effect unless the rent has remained
unpaid in breach of the agreement of not less than 14
days before the notice is given.
• Termination notice in writing
A valid termination notice must be given in writing.
• Notice states the address of the rented premises
A valid termination notice must include the address of
the rented premises.
NCAT Consumer and Commercial Division Form | Termination and possession for non-payment of rent Page | 6
• Notice is signed by the landlord or agent
The termination notice must be signed and dated by the
landlord or agent.
• Notice includes grounds of the breach
The termination notice must include the grounds of the
breach so the terms of the breach are clear to the
tenant.
• Notice specifies the day on which the tenancy
agreement is terminated
The termination notice must clearly state the date when
the residential tenancy agreement is to be terminated.
• Notice states that the tenant is not required to
vacate if the tenant pays all rent owing or complies
with the repayment plan
A ‘non-payment of rent’ termination notice must state
that the tenant does not need to vacate the rented
premises if they pay all the rent owing, or if they enter
into and comply with a repayment plan.
• Rent owing has not been paid in full or agreed
repayment plan not been fully complied with
The tenant has not cleared the arrears, entered into a
repayment plan, or complied with a repayment plan
they entered into with the landlord.
D. SERVICE OF T
ERMINATION NOTICE
The section requires the applicant to pick one of the valid
service methods listed and the date when the tenant was
given the termination notice. Termination notices cannot
be served by text message or over the phone.
Notice served by post
The ‘Service Date’ will be 7 working days after the
termination notice was posted to the tenant. For example,
a termination notice posted on a Monday is deemed served
on the Wednesday of the following week. Weekends, public
holidays and bank holidays are not counted in the 7 days.
Notice served personally
The ‘Service Date’ is the date you handed the termination
notice to the tenant in person, or to another person aged 16
years or over at the rented premises. Where there are two
or more tenants, the termination notice may be given to
either one and does not need to be given to both.
Notice placed in the letterbox
The ‘Service Date’ is the date you personally placed the
termination notice in the tenant’s letterbox in an envelope
addressed to them.
Notices served by email
The ‘Service Date’ is the date the notice was emailed to the
tenant (subject to the email delivery receipt notification).
The service of the notice by email is only allowed where the
tenant has given their agreement for notices and other
correspondence to be sent by email or sending it to an
email address specified by the person for the service of
documents of that kind (section 223 Residential Tenancies
Act 2010).
6. LANGUAGE AND DISABILITY SUPPORT
A. SUPPORT REQUIREMENTS
If you have any support requirements for the hearing,
please specify on the application form. Otherwise contact
NCAT and ask to speak to a Deputy Divisional Registrar to
discuss your individual needs.
B. INTERPRETER REQUIRED
NCAT can organise an interpreter upon request for parties
to proceedings. If you need an interpreter for the hearing,
tick the box and specify the language required.
7. APPLICATION CHECKLIST
I have attached all documents relevant to this
application
Include all relevant information with your application. Refer
to the information below on evidence and supporting
materials. Do not include any confidential information with
your application as copies of your attachments will be
provided to the respondent. Any documents given to the
Tribunal must also be given to the other party.
I have made a copy of this application for my own
records
Before lodging your application with NCAT you must make
a copy of your application for your own records.
I have attached the application fee
You must pay the application fee when lodging your
application. The fee schedule is available on the
NCAT
website.
Credit card payment can be made by submitting a credit
card authority form with your application. Credit card
surcharges apply. Cheque or money order payments are to
be made out to ‘NSW Civil and Administrative Tribunal’ or
‘NCAT’. Payments can be made in person at any NCAT
Registry or Service NSW Centre.
8. SIGNATURE
You must print your name and sign and date the
application form. If the application form is submitted
without being signed, this will cause unnecessary delays.
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Terminati on and possession for non-payment of rent (New South Wales)

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Completed 17 November 2020

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