Be sure to check out our Tribunal Support Service.
The first step in resolving any problems is to ‘know your rights’.
Second step is to attempt to settle any issues amicably between all parties. Ensure that any agreements reached are in writing should there be any disputes again in the future.
If a problem arises at any stage during the Tenancy, take a pro-active approach to resolve the issue before it escalates into a dispute. Minor issues can become major ones if not dealt with early, for example a tenant may be experiencing some kind of personal crisis which is affecting their tenancy. Rather than adding to their problems, provide the tenant with information on where to go for help; it is in your best interest to minimise any possible financial loss.
In the event it is not possible to reach an amicable agreement between yourself and the tenant, matters may then be taken to the relevant Tenancy Tribunal applicable to the state in which your rented premises are.
Tenancy Tribunal is an independent decision making body that hears and decides applications from both landlord and tenant disputes.
The Tribunal can make orders, among others that:
- a term of the agreement be complied with
- compensation be paid to a tenant or landlord
- a rent increase is excessive
- the agreement be ended
- a rental bond be paid
There are prescribed time limits for making applications to the Tribunal for certain orders. For example, in cases where an order is requested regarding broken terms of the tenancy agreement, this order should normally be sought within 30 days of becoming aware of the event.
The application time limits are included in the Tribunal’s Tenancy application form/s (see below).
When submitting application forms ensure you send only copies of the original documents. You should carry all original documents personally while appearing for hearing.
Preparation is important.
Whether you win or lose in court may depend on whether you followed the correct procedures in handling the dispute, from the beginning to the court stage and how thorough you are in preparing your evidence.
Make sure you have records of all notices, receipts and other relevant documents that will support your case. Take both the original documents and photocopies to court.
Be sure to understand the sections of the Act on which you are basing your application (your defence). You may want to read the Residential Tenancies Act or seek advice from the relevant department/s.
NSW: Consumer, Trader, and Tenancy Tribunal (CTTT)
The Office of Fair Trading has specialist Customer Service Officers from whom tenants, landlords, agents and other interested persons are able to obtain further information on tenancy laws, free of charge. Should you wish to clarify any tenancy matter you may contact Fair Trading on 13 32 20 or visit your nearest Fair Trading Centre. Tenants also have the option of contacting their local Tenants’ Advice and Advocacy Service for more information about their rights and obligations.
It is recognised that information will not resolve every problem or dispute. Some matters may need to be taken to the Consumer, Trader and Tenancy Tribunal.
The Tribunal is a quick, inexpensive and relatively informal way of resolving any disputes.
The application fee is $36. Hearings are generally held within one month and are conducted at a venue as close as possible to the premise.
Tenancy Division Application Form
Application for Termination and possession based on non-payment of rent
If prefered the CTTT also offer an online application service
The Member will first ask the parties to try to reach a settlement. If this cannot be achieved the case will then be heard in the Tribunal hearing room. The Member will allow both parties, in turn, to tell their side of the events and present any evidence.
Hearings are usually informal, but formal hearings can be held on request, where witnesses can be called and evidence is given under oath.
It is up to the person who made the application to provide enough evidence to convince the Tribunal Member, on the balance of probabilities, that the orders they are seeking should be given. Any orders made are binding.
More information can be obtained by visiting the CTTT Website
QLD: Queensland Civil and Administrative Tribunal (QCAT)
Generally, you have three main options for resolving a tenancy dispute:
- talking with the other party and coming to an agreement
- seeking assistance through the RTA’s Dispute Resolution Service
- applying for a hearing at QCAT.
Option 1 – Self Resolution
- Find out about your rights and responsibilities
- Talk with the other party to negotiate an agreed outcome
- If the matter cannot be resolved, move on to option 2 and use the RTA’s free Dispute Resolution Service.
The RTA successfully resolves over 65% of all disputes where parties participate in conciliation.
A major element of conciliation is providing information on the laws, which will help all involved to gain a better understanding of their rights and responsibilities.
Conciliation can happen via:
- A telephone ‘shuttle’ negotiation service, where RTA Conciliators hold separate telephone discussions with each of the parties in dispute, or
- Face-to-face conferences or conferences conducted via a three-way hook-up on the telephone.
The Conciliator can provide a written record of any agreements that are reached through conciliation. These agreements will then become part of the tenancy or residential service agreement. The tribunal can enforce these agreements, if necessary.
The RTA cannot compel people to participate in conciliation.
Option 2 – RTA Dispute Resolution Service
- Apply to the RTA for assistance in resolving the dispute. Complete a Dispute Resolution Request (RTA Form 16) and send it to the RTA’s Dispute Resolution Service.
- Concilliation will be attempted if suitable, and the dispute may be resolved
- If concilliation is not suitable, or the matter is not resolved, the RTA will issue a Notice of Unresolved Dispute
- You may now decide to move onto option 3 and take your dispute to the Queensland Civil and Administrative Tribunal (QCAT)
Option 3 – QCAT
Before submitting an application please read residential tenancy disputes, the application process and Application checklist - residential tenancy.
Minor Civil Dispute – counter application
Application for minor civil disputes – residential tenancy dispute
Minor civil dispute – request for compensation – residential tenancy dispute
You can get more information at the Queensland Civial and Administrative Tribunal
VIC: Victorian Civil and Administrative Tribunal(VCAT)
The Tribunal initially will encourage and support both parties to reach an amicable settlement. If however this is still not possible, the Tribunal will hear both parties turn of events, asses all presented documentation and / or evidence.
Formal hearings can be held on request where witnesses can be called to give evidence under oath.
It is up to the person that lodged the application form to provide enough evidence to convince the Tribunal that the order you are seeking should be given. Any orders made are binding.
Civil Claims online application form
Civil Claims – Guide to making an application
More information can be obtained by visiting the VCAT Website
WA: The Magistrates Courts of Western Australia.
Minor cases are defined as involving disputes of not more than $10,000 and are designed to keep the proceedings “private and informal”.
Unless the court gives its approval, the disputing parties may not be represented by an agent (e.g. by a lawyer). However, a body corporate may be represented by one of its officers.
You will be expected to attend the court hearing unless you can give a good reason, such as being too ill or away interstate/overseas. In which case, you can ‘seek leave of the court’ to be represented by an agent and must show the court that your agent has sufficient knowledge of the issue and your authority to act on your behalf. The court may impose conditions on the hearing to ensure that no one will be disadvantaged by one party being represented by an agent.
If the court considers that a dispute could be resolved through mediation, the court may order the appointment of a registrar or someone else to be a mediator. The disputing parties may also agree to go to mediation, if the court agrees.
The successful party in a Minor Case is entitled to an order to recoup their “allowable costs”.
There are no appeals against the decision of the Magistrate, except on the grounds that the court did not have jurisdiction to hear the case or that natural justice was denied.
There are two forms used when applying for a hearing, both are to be submitted online: Magistrates Court of Western Australia online forms:
Form 6 (Application for Disposal of Bond Money) is used for bond disputes where the amount in dispute is not more than the amount held in the bond account, and the bond has not been paid out.
Form 12 (Court Application) is used when seeking a hearing for a general dispute (e.g. rent not paid; damage to property; owner won’t carry out necessary repairs), or a dispute where the amount being sought is greater than the bond.
Make sure you use the right form. You should complete either a Form 6 or Form 12. Do not complete both forms. Ask the court staff if you are still unsure.
Usually the Magistrate will only consider the items listed in the application, so give full details of the order you are seeking from the court, such as an order to terminate the tenancy agreement and gain possession of the premises. (Note: If you do not state all the possible orders, the hearing may be adjourned.)
Court staff will check the application and enter it as an official court document. With a Form 12 application, a hearing date will be set automatically.
In the case of a bond dispute (Form 6), a hearing date will be set if the matter is to be disputed by the other party. Where the matter is not disputed and evidence of the expense incurred has been provided, the court will authorise payment of the bond as requested in the application. This is usually when the whereabouts of a tenant/owner is unknown and the tenant (or owner) has not signed the bond release.
The fee for the hearing is relatively small. Check with the court for the current rate.
NT: Commissioner of Tenancy – Consumer Affairs Tenancy Unit
An Application to the Commissioner (Form RT01) should be completed after reading Applications to the Commissioner of Tenancies Fact Sheet
Further information may be obtained at the Consumer Affairs Website.
TAS: Residential Tenancy Commissioner
Guidelines for Residential Tenancy Dispute
A pamphlet has been developed as a succinct guide to the Commissioner’s processes
SA: The Commissioner for Consumer Affairs is responsible for providing advice and assistance to tenants and landlords regarding their rights and obligations. Tenancy Officers can also provide assistance with dispute resolution and may attempt to negotiate or conciliate disputes that may arise . If you are having trouble with your landlord or tenant contact the Residential Tenancies Tribunal. The Tenancies Tribunal will be able to assist you with lodging a Request for Assistance form, or an Application for an Order of the Tribunal.