NCAT #australianproperty #propertyinvestmentadvisor #innercitysydney

6 Sept 2026 · 2 min

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2:04

In this informal advisory monologue, the speaker addresses landlords dealing with a severe tenant‑caused damage case in regional New South Wales. He recounts a recent incident where a tenant severely damaged a three‑year‑old house through negligence and malicious acts. The speaker outlines practical steps: (1) activate landlord insurance to cover repair costs; (2) when presenting a claim to the NSW Civil and Administrative Tribunal (NCAT), carefully phrase the argument because the Retail Tenancies Act focuses on the premises being un‑tenable rather than merely loss of rent; (3) understand that tribunal members assess the tenability of the property, meaning a new tenant should not inherit the previous tenant’s breaches; (4) seek advice from someone experienced with NCAT proceedings, as nuanced knowledge can affect the outcome. He cautions that outcomes may be unfavorable but stresses the importance of preparation and professional guidance.

Chapters

He's fresh this morning. Love meeting tradies early in the morning. God love them. Really interesting. Got a call yesterday from someone who had come across some of our social media sharings about NCAT. Who knew anyone was watching, right? Anyhow, Oh, no. Owner, regional New South Wales, was encountering a horrible tenant who took a 3-year-old house and destroyed it through negligence and slight bit of malicious damage. Takeaways there that I could share with them was use your landlord's insurance. And when you go to NCAT, make sure you're framing your wording well, because the Retail Tenancies Act is tricky, you know. Tricky in the sense of how a tribunal member looks at it. It's, you know, it's not about loss of rent, it's really about the premises not being tenable until you repair the damage the previous tenant's done. 'Cause a new tenant should not have to suffer the breaches of the previous sinner. Look, thought it was worth a share. If you are attending NCAT, I'm really sorry you have to do that. Are you gonna get a fair outcome? Probably not, definitely from your position. But it's really important that if you haven't done it before, Talk to someone who has. There might be one or two bits of knowledge they can share that would make a difference in your outcome, because at the end of the day, you've got to get on with it— good, bad, or indifferent.