NCAT decisions this week: house rentals and bonds, builders and building defects, strata and body corporate (6 November to 12 November 2026)

10 decisions published by the NSW Civil and Administrative Tribunal between 6 November to 12 November 2026, summarised in plain English. Each one links to the full published decision.

House rentals, bonds and tenancy

• Tenant’s $3,688 costs claim refused: NCAT will not pay you for your own time
  After winning an appeal brought by her former landlord, a tenant asked the NCAT Appeal Panel to order the landlord to pay her $3,688 for the hours she spent on the appeal plus printing, travel and parking. The Appeal Panel dismissed the costs application, finding there were no "special circumstances", that a self-represented party cannot charge for their own time, and that the remaining expenses were not documented.
• Rent arrears order of $6,449.86 set aside after an earlier ruling found no tenancy agreement (NCAT, 2026)
  A tenant and his landlords each ran a second set of claims in the Tribunal after an earlier decision had dismissed both of their first applications on the basis that no residential tenancy agreement had been proved. The Appeal Panel held that the earlier finding bound both sides, set aside a $6,449.86 rent arrears order against the tenant, and left the dismissal of the tenant's compensation claim in place.
• Appeal allowed: tenant’s compensation claim sent back after tribunal gave inadequate reasons (NCAT, 2026)
  A tenant's claim for compensation for loss of quiet enjoyment of his rented studio was dismissed in a short set of written reasons that did not explain how the findings were reached. The NCAT Appeal Panel allowed his appeal, set aside that part of the dismissal and sent the compensation claim back to the Tribunal to be heard and decided again.
• Appeal panel sets aside $4,800 mould and break-fee award and sends the claims back for rehearing (NCAT, 2026) $4,800
  A tenant won $4,800 at NCAT for mould and for the break fee she paid when she left early, and the landlord's claim for carpet and drawer damage was dismissed. The Appeal Panel set both results aside, mainly because the three-month time limit for tenancy claims had not been dealt with and the reasons did not explain key findings, and sent those claims back to be heard again.

Builders, renovations and building defects

• Builder’s appeal cuts home owner’s defect damages from $65,000 to $42,000 (NCAT, 2026) $42,000
  A home owner won $65,000 at NCAT for defective and incomplete renovation work, but the builder appealed, saying the award ignored the part of the contract price the owner had never paid. The Appeal Panel agreed that damages must account for the unpaid balance, cut the award to $42,000, and ordered the owner to pay the builder $23,000 within 28 days plus 80% of the appeal costs.
• Builder’s appeal fails after tribunal refuses to order costs against a home owner (NCAT, 2026)
  A home owner's building defects claim was thrown out as being lodged too late, and the builder then asked the tribunal to order the home owner to pay its legal costs of almost $40,000. The tribunal refused, and on 6 November 2026 the NCAT Appeal Panel refused leave to appeal, dismissed the builder's appeal and ordered each side to pay its own costs.
• Builder’s appeal fails: order to repay $130,516 paid before any work began stands (NCAT, 2026) $130,516
  A home owner paid a builder $130,516 so the builder could obtain home warranty insurance, with that money to be credited against the contract price, then validly terminated the contract before any building work started. The Tribunal had ordered the builder to repay the full $130,516, and on appeal the Appeal Panel refused leave to appeal and dismissed the appeal.
• Owner’s building appeal refused: occupation certificate supported habitability finding (NCAT, 2026)
  An apartment owner lost a home building claim against the developer, including a claim for $21,442.69 said to flow from the unit being uninhabitable, then appealed on the basis that he was not allowed to put his case properly and that the decision went against the evidence. The NCAT Appeal Panel refused leave to appeal and dismissed the appeal, finding no procedural unfairness and no error in the tribunal relying on an occupation certificate.

Strata and body corporate disputes

• Lot owner’s claim for appeal costs dismissed: no ‘special circumstances’ at NCAT
  A lot owner partly won an appeal about a costs order made against him in a strata dispute, then asked the Appeal Panel to order the owners corporation to pay his costs of that appeal. The Appeal Panel dismissed the costs application, finding he had not shown the "special circumstances" the Civil and Administrative Tribunal Act requires before costs can be awarded.
• Owners corporation wins strata appeal after tribunal decided an argument it was told not to argue (NCAT, 2026)
  An owners corporation's application about access to a lot was dismissed after a hearing in which the member told its solicitor to confine submissions to one issue, then decided a second issue as well. The Appeal Panel found the owners corporation was denied procedural fairness, allowed the appeal, set aside the dismissal and sent the case back to a differently constituted Tribunal.

Every NCAT decision we have summarised: NCAT cases. Thinking of applying? How to lodge a NCAT application.