NSW Civil and Administrative Tribunal
This information is for FACS Housing tenants. If you live in community housing, please contact your housing provider directly with any concerns.
Why have I received a notice of termination?
You have received a notice of termination because you have breached a clause or section of your tenancy agreement or the Residential Tenancies Act. For example:
- non-payment of rent,
- illegal use of the property,
- serious and ongoing nuisance and annoyance.
The notice of termination will describe why we issued the notice and the date you are to vacate the property.
If you do not rectify the breach or vacate the property by the specified date, we will apply to the NSW Civil and Administrative Tribunal (NCAT) to request an order to terminate your tenancy and ask you to provide vacant possession of the property.
If you have received a notice of termination, you should contact your local client service officer as soon as possible to discuss the matter and try to resolve the issue.
If you don’t agree with the reason for the notice of termination, you should contact your local FACS Housing office or one of the following services:
Tenants Advice and Advocacy Service
(local numbers provided)
Can an agreement be reached after a notice of termination has been issued?
Yes. If there is a reasonable explanation for the breach we may be able to come to an agreement, avoiding a more serious action such as terminating your tenancy. It is important to contact us and talk to us about the situation.
Under the law, if you pay all the rent you owe or make and keep an agreement to repay your arrears, you may not have to vacate your FACS Housing property.
What happens when the notice expires?
Generally, we will make an application to the NCAT for a hearing to seek an order for specific performance or to terminate your tenancy and request vacant possession of the property.
Can an agreement be reached before the NCAT hearing?
Yes. We would like to come to a reasonable agreement with you before the NCAT hearing.
Do I have to attend the hearing?
Attending a hearing is not compulsory. However, we strongly recommend you do attend because it is about your home. It is also an opportunity to talk to the Tribunal and give your side of the matter. Often a reasonable agreement can be reached at the hearing.
If you feel you need support at the hearing, you can bring a friend or advocate who can act on your behalf.
What happens at an NCAT hearing?
The Tribunal Member will ask FACS Housing to present their case, and then they will ask you to present your case. The Tribunal Member will ask whether we discussed the matter together and whether a reasonable agreement has been reached.
The Tribunal Member will ask us to leave the hearing room and try to work out a reasonable agreement. This is a good time for everyone to talk to each other about the matter and try to resolve any issues. After talking to each other, everyone goes back into the hearing room where the Tribunal Member will ask how the discussion went.
After listening to both parties, the Tribunal Member will make a decision based on the facts and legislation. After the hearing, both parties will receive a copy of the order(s) made by the Tribunal.