Christine Curtis said she was upset and seeking further advice after the NSW Civil and Administrative Tribunal dismissed her application for termination because the notice was not served properly to the tenants.

“The fact that they’re five months behind in rent, they’ve changed the lock and refused to hand over a key doesn’t seem to come into it, it’s unbelievable,” Ms Curtis told The Border Mail.

The NCAT hearing in Lavington on Friday was the third hearing between Ms Curtis and the tenants living in the property owned by her daughter.

The tenants did not attend the latest hearing or send instructions and later declined to comment to The Border Mail.

According to NCAT, the matter was finalised on Friday and the parties had 14 days to lodge an appeal.

“NCAT doesn’t comment on its cases,” a spokesman said.

The tribunal hearing heard evidence the tenants had not paid any instalments of a $3300 tribunal money order.

Ms Curtis, a pensioner who is paying the property’s mortgage, said she just wanted the tenants out.

“Obviously I’d like my money but I’m never going to get it,” she said. 

Tenants Union of NSW senior policy officer Ned Cutcher said tribunal procedures were not complicated if people sought good advice and prepared well.

“‘Technicality’ is probably code on both sides of the fence for not understanding the law and not understanding the process,” Mr Cutcher said. “If you get it right, the eviction process at the tribunal is swift and brutal.”

Real Estate Institute of NSW chief executive Tim McKibbin said landlords invested in their properties and could experience financial strain if rent wasn’t paid.

“It is fair to say that the legislation does favour the tenant over the landlord,” he said. “The tribunal recognises that you are dealing with someone’s home. Asking the tenant to move out of their home may mean they have nowhere to live, that’s a very serious decision.”