Tenancy Disputes: Resolving Them Before They Escalate | Tenancy Check - AU TenancyCheck
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Overview - Landlord Information - Advice - Tenancy Disputes: Resolving Them Before They Escalate
Regardless of how carefully you screen prospective tenants before signing on the dotted line, tenancy disputes will arise from time to time.
Arbitration may not be the first port of call when a problem occurs between landlords and tenants. Instead you may wish to, opt for a cool, calm and collected one-on-one discussion.
Know your rights, and the rights of your tenant - often tenancy disputes occur because one party' is unaware the lease agreement has been broken.
If your attempts to resolve the issue one-on-one are unsuccessful, it may be time to get a professional mediator's help.
Keep all correspondence and documentation on file. If your tenant has repeatedly broken the lease agreement or made requests that you're not obliged to comply with this may assist you in resolving the dispute.
Most disputes over rental agreements fall under the jurisdiction of the small claims court. Not only is this likely to be cheaper than other courts, chances are it will be resolved faster too.
Despite all your efforts, in some instances it may prove impossible to defuse the conflict between you and your tenant. If this is the case, you may have to escalate the issue within the legal system.
Typically, both landlords and tenants can instigate the tenancy tribunal process provided they are covered by the Residential Tenancies Agreement. Examples of common applications relating to tenancy laws include: termination of a tenancy agreement; termination and possession order; order for payment of rent arrears; compensation and reinstatement for wrongful eviction; rental rate increase reviews; and reduction or reimbursement for rent paid and payable.
To help manage any dispute that may arise, it's a good idea to detail in your rental agreement the exact steps you'll take to resolve any disputes that arise.
The information contained in TenancyCheck.com.au website is general information only and does not constitute legal, financial or compliance advice. As the laws relating to tenancy agreements may have changed we recommend you check with the relevant State or Territory government department. We also recommend that you obtain your own independent legal advice about matters relating to landlord obligations, tenant rights and any legal disputes you may have with a tenant(s).