When a tenant leaves your property with holes in walls, broken fixtures, or stained carpets — and the bond does not cover the cost — you can recover those losses through the NSW Civil and Administrative Tribunal (NCAT). This guide explains the process, evidence requirements, and how to calculate repair costs properly.
Understanding Property Damage vs Fair Wear and Tear
Not all damage is recoverable. Tenants are responsible for damage they cause, but not for fair wear and tear.
Fair wear and tear includes:
- Faded paint or curtains from sunlight
- Minor scuff marks on walls from normal use
- Worn carpet in high-traffic areas
- Deterioration from age and normal use
Tenant-caused damage includes:
- Holes in walls from picture hooks or furniture
- Broken windows, doors, or fixtures
- Burns, stains, or tears in carpets beyond normal wear
- Damage to appliances from misuse or neglect
- Unapproved modifications or alterations
You carry the burden of proof. You must show the damage was caused by the tenant, not pre-existing or the result of fair wear and tear.
Bond Claims vs Standalone Property Damage Claims
There are two pathways to recover property damage costs, depending on whether the tenancy has ended and whether the bond is sufficient.
Bond Claim (NCAT Form 3)
If the tenancy has ended and you hold the bond with NSW Fair Trading, apply to NCAT for a bond claim.
When to use it:
- Tenancy has ended
- Bond is held by NSW Fair Trading
- You want to claim all or part of the bond for damage, unpaid rent, or other breaches
Process:
- Complete condition report and calculate damage costs
- Apply to NCAT using Form 3
- Serve the application on the former tenant
- Attend the hearing with evidence
The bond is capped at 4 weeks’ rent. If damage exceeds the bond, you need a separate property damage claim.
Standalone Property Damage Claim (NCAT Form 1)
If the bond does not cover the damage, or if the tenancy is still ongoing, apply for a standalone property damage order.
When to use it:
- Damage exceeds the bond amount
- Tenancy is still ongoing and you want urgent repairs
- Bond has already been released and you later discover damage
- No bond was paid
Process:
- Gather evidence of damage and repair quotes
- Apply to NCAT using Form 1
- Pay the filing fee (varies by claim amount)
- Serve the application on the tenant
- Attend the hearing
NCAT’s General Division can typically hear claims up to $30,000 for property damage.
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Evidence You Need to Prove Property Damage
NCAT requires clear, contemporaneous evidence.
Entry and Exit Condition Reports
The condition report is your most important evidence. New South Wales landlords must complete a condition report at the start and end of every tenancy.
Entry report:
- Completed within 7 days of the tenant moving in
- Signed by both landlord and tenant (or tenant given opportunity to comment)
- Photographs of every room, fixture, and surface
- Detailed written description of condition
Exit report:
- Completed after the tenant vacates
- Photographs of the same areas, showing damage
- Detailed description of new damage
If the entry report shows the wall was clean and the exit report shows holes, you have a strong case. Without an entry report, proving tenant-caused damage becomes much harder.
Photographs and Video
Take high-resolution photos and videos:
- Wide shots showing the room context
- Close-ups of specific damage
- Date-stamped images (use phone metadata or timestamp apps)
- Before-and-after comparisons
Repair Quotes and Invoices
NCAT expects you to quantify your loss with evidence, not estimates.
Acceptable evidence:
- Written quotes from licensed tradies (at least two quotes for major repairs)
- Tax invoices for completed repairs
- Receipts for materials if you did the work yourself (but not your own labour)
Unacceptable evidence:
- Verbal quotes
- Your own estimate of repair time and cost
- Inflated quotes from mates
Tenancy Agreement and Correspondence
Bring:
- The signed tenancy agreement
- Any written notices you gave the tenant about the damage
- Emails or texts where the tenant acknowledged the damage
How to Quantify Repair Costs
NCAT will only award the reasonable cost of restoring the property to its pre-damage condition, minus fair wear and tear.
Partial Replacement vs Full Replacement
If the tenant damages part of a carpet, you cannot claim the cost of replacing the entire house. NCAT will reduce your claim to the proportional cost.
Example: Tenant burns a 2m² section of carpet in the lounge room. The lounge room is 20m². You can claim 10% of the carpet replacement cost, not 100%.
Depreciation
For older items, NCAT will apply depreciation. A 5-year-old carpet has less value than a new one.
Common depreciation schedules:
- Carpet: 10 years
- Paint: 5-7 years
- Blinds: 5 years
- Appliances: 7-10 years
If your carpet was 8 years old and the tenant damaged it, NCAT may only award 20% of the replacement cost.
Betterment
You cannot use the tenant’s damage as an opportunity to upgrade. If the tenant breaks a standard tap, you cannot claim for a designer tap. NCAT will reduce your claim if the repair results in a material improvement to the property.
The NCAT Hearing Process
NCAT tenancy hearings are informal but legally binding.
Before the hearing:
- Prepare a written summary of your claim (1-2 pages)
- Organise your evidence in chronological order
- Bring three copies of everything (one for you, one for the tenant, one for the tribunal)
At the hearing:
- Arrive 15 minutes early
- Dress appropriately (business casual)
- Speak clearly and stick to the facts
- Answer the member’s questions directly
Common questions NCAT will ask:
- Do you have an entry condition report?
- When did you first notice the damage?
- Did you give the tenant notice of the damage?
- Are these quotes reasonable and necessary?
- Have you accounted for fair wear and tear?
Most property damage hearings run 30-60 minutes. NCAT may give its decision on the day or later in writing.
What Happens If You Win
If NCAT orders the tenant to pay you compensation, the tribunal does not collect the money for you. You are responsible for enforcement.
Enforcement options:
- Negotiate a payment plan with the tenant
- Apply for a garnishee order (if the tenant is employed)
- Apply for a writ of execution (if the tenant has assets)
- List the debt with a credit reporting agency
If the tenant does not pay and has no assets or income, enforcement may be difficult. Many landlords accept a partial settlement rather than pursue a judgment they cannot collect.
How Claim Done Helps New South Wales Landlords
Claim Done prepares your NCAT property damage application in about 5 minutes. Tell us about your condition reports, photos, and repair quotes — our Programmatic Algorithms draft your application and a witness statement outline you complete in your own words. You attach your own evidence and lodge NCAT’s form yourself.
What you get:
- Your application, set out for you to copy into NCAT’s application form
- Supporting statement of claim
- A witness statement outline you complete in your own words
- Service instructions
You file the application yourself and attend the hearing. Claim Done does not provide legal advice, but we give you a professional starting point for $97.
Final Steps: Applying to NCAT for Property Damage
Step 1: Gather your evidence — entry report, exit report, photos, quotes, invoices.
Step 2: Calculate your claim — repair cost minus depreciation and fair wear and tear.
Step 3: Decide whether to use a bond claim (Form 3) or standalone damage claim (Form 1).
Step 4: Complete the NCAT application or prepare your NCAT application in about 5 minutes with Claim Done.
Step 5: File the application online or by post and pay the filing fee.
Step 6: Serve the application on the tenant within the required timeframe.
Step 7: Attend the hearing with three copies of all evidence.
Step 8: If you win, enforce the order through garnishee, writ, or negotiated payment plan.
If you have the evidence and follow the process, NCAT will award you fair compensation for genuine tenant-caused damage. Start your application today.
Frequently Asked Questions
Can I claim for property damage if the tenant is still living in the property?
Yes. You can apply to NCAT for a property damage order even if the tenancy is ongoing. Use NCAT Form 1. You cannot withhold the bond until the tenancy ends, but you can seek a tribunal order for compensation.
What if I don't have an entry condition report?
It becomes much harder to prove the damage was tenant-caused. NCAT may still award compensation if you have other evidence (photos, witness statements, or the tenant’s admission), but the burden of proof is on you. Always complete entry and exit condition reports.
How much does it cost to apply to NCAT for property damage?
The NCAT filing fee depends on the claim amount. For claims under $5,000, the fee is typically $58. For claims between $5,000 and $10,000, it is $116. For claims over $10,000, it is $233. Fee waivers are available in cases of financial hardship.
Can I claim for my own labour if I repair the damage myself?
No. NCAT will not award compensation for your own time or labour. You can claim the cost of materials if you have receipts, but not the value of your work. If you want to claim labour, you must engage a licensed tradie and provide an invoice.
What happens if the tenant does not attend the NCAT hearing?
NCAT can proceed in the tenant’s absence if you have properly served the application. The tribunal will hear your evidence and make a decision based on what you present. If the tenant later claims they did not receive notice, they can apply to set aside the order, so always keep proof of service.
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Getting it drafted
Can I have a Tribunal Application drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Tribunal Application from the answers you give about your situation for a flat $97 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=tribunal-application. Claim Done is not a law firm and does not give legal advice.
How much does a Tribunal Application cost, and how long does it take?
$97 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Does Claim Done lodge the application with the tribunal or court?
No. Claim Done drafts the documents; you lodge them yourself and pay the tribunal's or court's own filing fee directly to it. The draft names the right tribunal or court and Act for your state.
What does Claim Done do that a free tribunal application template doesn't?
It sets out your claim to match your state's tribunal or court application (for a New South Wales debt, a Local Court statement of claim) under the right Act, with a witness statement drafted from your account (in New South Wales, the outline NCAT requires) and the documents you mention referred to as numbered exhibits. You read every word, change it or ask for a redraft (two are included), then lodge it yourself.