Residential Tenancy Tribunal Processes

Australia's Residential Tenancy Tribunal are structured to resolve rental disputes through both mediation and formal hearings.

The process of lodging a dispute with your local tribunal is increasingly streamlined. Many states and territories allow you to submit your application online and automatically generate a hearing notice.

Both landlords and tenants can lodge disputes. Common conflicts include: order for payment of rent arrears; rental rate increase reviews; reduction or reimbursement for rent paid and payable; termination of a tenancy agreement; termination and possession order; and compensation and reinstatement for wrongful eviction.

Australian Residential Tenancy Tribunal include:

  • ACT Residential Tenancies Tribunal
  • New South Wales Consumer, Trader & Tenancy Tribunal
  • Northern Territory Consumer and Business Affairs and Northern Territory Department of Justice
  • Queensland Residential Tenancies Authority
  • South Australia Residential Tenancies Tribunal
  • Tasmania Consumer Affairs and Fair Trading and the Residential Tenancies Commissioner
  • Victorian Civil and Administrative Tribunal
  • Western Australia Department of Consumer and Employment Protection and a Magistrates Court

ACT Residential Tenancies Tribunal

The Residential Tenancies Tribunal, ACT, was established by virtue of the Residential Tenancies Act 1997. Both residential landlords and tenants have their cases heard by the tribunal, which aims to resolve matters within 21 days.

New South Wales Consumer, Trader & Tenancy Tribunal

The CTTT conducts hearings throughout NSW, attempting to resolve disputes between landlords, tenants, traders and consumers. The CTTT groups matters in the following divisions: tenancy; social housing; home building; strata and community schemes; retirement villages; residential parks; motor vehicles; general; and commercial.

Northern Territory Consumer and Business Affairs and Northern Territory Department of Justice

The Department of Consumer and Business Affairs sits within the Department of Justice. Its remit is to: "promote and regulate responsible business conduct through administration of a regulatory system that protects consumer interests." Consumer Affairs administers the following relevant Acts: Accommodation Providers Act; Business Tenancies (Fair Dealings) Act; Residential Tenancies Act; and Retirement Villages Act.

Queensland Residential Tenancies Authority

The Residential Tenancies Authority reports to the Minister for Community Services and Housing and Minister for Women and is responsible for the Residential Tenancies and Rooming Accommodation Act 2008. Queensland's Residential Act applies to people renting flats, houses, caravans, units, townhouses, mobile homes and houseboats in private, public and community-managed rental accommodation. The RTA successfully resolves over 65% of all disputes through conciliation.

South Australia Residential Tenancies Tribunal

The Office of Consumer and Business Affairs oversees the South Australia Residential Tenancies Tribunal. Tenants, landlords and agents of residential and retail properties, residents and owners of residential parks, and owners and residents of rooming houses in South Australia all fall under the jurisdiction of the Tribunal.

Tasmania Consumer Affairs and Fair Trading and the Residential Tenancies Commissioner

Consumer Affairs and Fair Trading is a division of the Department of Justice. In addition to overseeing the Residential Tenancies Commissioner the division is also responsible for the Rental Deposit Authority.

Victorian Civil and Administrative Tribunal

The Victorian Civil and Administrative Tribunal was originally 15 boards and tribunals that amalgamated in 1998. In addition to dealing with residential tenancies and retail tenancies, the tribunal also hears disputes regarding: purchase and supply of goods; credit; discrimination; domestic building works; guardianship and administration; disability services, health and privacy, mental health; legal profession services; and owners corporations (body corporate).

Western Australia Department of Consumer and Employment Protection and a Magistrates Court

Western Australia's Department of Consumer and Employment Protection oversees the following divisions: Building Commission; Consumer Protection; Energy Safety; Labour Relations; Science and Innovation; WorkSafe; Corporate Services and the Office of the Director General. Rather than operating a dedicated tribunal, Western Australia hears tenant disputes in Magistrates Court.

In order to get the most out of your experience with the Tenancy Tribunal - whether you opt for mediation or a hearing - it's vital that you prepare your case in advance:

  • Create a comprehensive list of the issues you want to raise. This will help you to stay on track and not let your emotions run away with you
  • Group events by date. If you're able to easily recall the chronology, it will be easier to communicate the dispute to the Tribunal Member
  • Collate evidence to support your stance. Create a system so that it's easy to find the evidence you need quickly once you're in the Tenancy Tribunal
  • Rehearse presenting your case. Be succinct, highlight the evidence, and stay focused on the key issues
  • Do your homework on how a typical Tenancy Tribunal works. If you're familiar with the process from the outset, you're less likely to forget the key issues

 

General Disclaimer

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).