What is NCAT and why is it important?
NCAT stands for the NSW Civil and Administrative Tribunal (commonly called NCAT, or ‘The Tribunal’ in real estate). NCAT is an independent dispute resolution body that amongst other duties, resolves tenancy disputes. For example, if a tenant does not pay their rent and needs to be evicted, unless they vacate of their own accord, a managing agent will need to facilitate the process via an application to NCAT for possession of the property.
Orders that NCAT can make include:
NCAT can also be used by sellers who are disputing agent fees and services.
Since allowing parties to be represented by lawyers would increase the cost, and also increase the time, to process matters at Tribunal, lawyers are not generally permitted to represent parties at a Tribunal hearing. Managing agents must instead apply for and present a case on behalf of their client at an NCAT hearing.
Training in presenting a case to NCAT is part of agency licensing requirements for real estate. RETS has a variety of units that look at presenting in NCAT - contact us to find out more