Are you aware that if you are a landlord that lives outside of NSW,  you will not be allowed to progress a matter to NSW Civil and Administrative Tribunal (NCAT).  There has been a judgement made that has declared that NCAT is not a court and therefore it is not able to hear cases where one or both parties live outside of NSW, because they have no jurisdiction in other states.  In a crazy twist, this does not apply if the landlord lives overseas or in one of the territories (ACT or NT), they are still allowed to have a hearing at NCAT.  It really does beg the question of who makes up these crazy laws doesn’t it!

If you are a landlord that is living interstate and you need something to progress and you are not able to use NCAT, then you will have to have your matter heard in the local court and either represent yourself, or engage the services of a solicitor for this work.  Our office will not be able to represent you in this way.  For this reason, if we think that something is going to turn bad, or there are issues, we will need to be very proactive on working on the situation, so that it can be resolved outside of having to attend these higher jurisdictions.

There is a link posted below, so that you can also have a read of another article speaking on this topic from REINSW.   NCAT Jurisdiction

Our office does not routinely attend NCAT and at the date of writing (13.12.21) we have not attended NCAT in over 12 months.  This should be encouraging to our landlords, as you can see that we do not have lots of difficulty in this area.

If you have any questions about this article at all, please feel free to give me a call at the office on 63525125.