Report
Study of tenancy dispute experience and preparedness at NCAT
Publisher
Rental housing
Landlords
Rental housing law and legislation
Tenancy sustainability
Tenants
Dispute resolution
State and territory government departments
New South Wales
Description
This report presents findings from the STEP Study – an exploration of how self-represented individuals experience tenancy proceedings at the New South Wales Civil and Administrative Tribunal (NCAT). The study offers a view of tribunal processes from the perspectives of those who use them across four registry offices.
Findings reveal insights into power dynamics in conciliation, gaps in procedural clarity and the importance of advocacy in tribunal outcomes. The report identifies three implications from the findings.
Key findings
- Conciliation without oversight can increase risk. In multiple locations, users were invited to negotiate outcomes without access to a trained facilitator.
- Tenants’ advocates play a crucial role. Advocates were widely viewed as essential to fairness, especially for those facing experienced landlord agents.
- Landlords are not a uniform group. While most landlord parties were professionally represented, a small number of self-represented landlords reported challenges similar to those faced by tenants.
- Power imbalances remain a central concern. Repeat-player agents, legal language, and inconsistent procedural guidance often left participants feeling disempowered.
- Users value being heard and respected. Satisfaction with the process was often shaped less by the outcome and more by how clearly decisions were explained, how well-supported users felt, and whether they had the opportunity to tell their story.
Publication Details
ISBN:
978-1-7640781-0-8
Copyright:
Law and Justice Foundation of New South Wales 2025
License type:
CC BY-NC
Access Rights Type:
open
Post date:
1 Oct 2025
