Preparing for the rental tribunal

It doesn’t matter which side of the fence you’re on – landlord or tenant – going to a rental tribunal can be daunting.

States and territories have different residential tenancy laws and processes for dispute resolution, but the final stage is generally an independent judicial body, like a civil and administrative tribunal, where tenants and landlords can represent themselves or have someone speak on their behalf.

Here’s a step-by-step look at how to prepare for a rental tribunal.

Going to a tribunal should be last resort. Picture: Getty

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Step 1: Try to sort it out before it gets that far

Ray Ellis, the chief executive of First National Real Estate, says going to a tribunal should always be a last resort. That’s because it costs everyone involved time and money – and can be an intimidating process.

Ellis says it’s always advisable to try to reach an agreement before the dispute escalates to a tribunal hearing. “People can feel a little overwhelmed and if they’ve not been compliant with their lease agreement, this will be exposed,” he says.

There are times, though, when neither party is prepared to negotiate and a tribunal hearing is essential, he says.

Step 2: Expect some sort of mediation process

Most states and territories insist on a mediation process before a hearing is granted. Ellis describes mediation as a fair and respectful process, focused on achieving solutions everyone can live with.

Mediators help both parties to:

• identify and explore the issues in dispute;
• develop options;
• consider alternatives;
• work together to reach an agreement;
• record details of any agreement reached.

Mediation as a fair and respectful process focused on achieving solutions everyone can live with. Picture: Getty

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“Major national real estate brands offer an advantage here, as their administrators can offer assistance,” Ellis says.

With mediation, generally both parties need to concede a small amount. Ellis says the resistance to compromise can depend on what is at stake. With more at stake, resolutions are harder to achieve.

Step 3: Get your documentation in order

The relevant tribunal’s website will outline what sort of documentation or evidence the different parties need for a formal hearing.

Ellis says those who appear must provide as much detail as possible about the complaint, including dates, location, names etc. It’s important to have supporting documentation, such as;

• the tenancy agreement;
• statutory declarations;
• receipts;
• quotes;
• images;
• copies of letters, emails and other correspondence.

It’s important to keep important documentation relating to your tenancy.  Picture: Kate Griffin

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Step 4: Know your desired outcome and how to justify it

Both parties should be able to explain the dispute clearly and how they want it resolved.

“There will not always be a monetary compensation at the end of the process, so this should not be your sole aim,” Ellis says.

Seeking help from the tribunal will ensure the issue is given a fair hearing and that a fair resolution is reached, he says.

Step 5: Think about the case against you

Regardless of which side you’re on, it’s always important to understand what ground you stand on, Ellis says.

“This starts by reading your lease agreement and fully understanding the obligations. While consideration will be given to tenants or landlords experiencing exceptional circumstances, in most circumstances, the lease agreement’s obligations on both parties will be upheld,” he says.

For example, the breakdown of relations between flatmates, leading to the rent not being paid, does not free signatories to the lease from being held accountable for their obligations.

Video: common issues faced by tenants in Australia

Step 6: Practice, practice, practice

Ellis says it’s important to “be fluent in what you are presenting or requesting”, so practice what you plan to say at the hearing.

“You can’t expect a tribunal to be able to adjudicate your case fairly if you can’t articulate clearly what has happened in a methodical manner.” If possible, visit the tribunal beforehand to see how it all runs, he advises.

Ellis says tribunal decision-makers are looking for people who present themselves well, have all their documents and evidence together, and are respectful and rational.

Step 7: Be respectful throughout proceedings

Ellis says being respectful throughout the proceedings will be seen as indicative of your character, and give you credibility as a complainant. “Rude conduct, bad language and emotional accusations will not advance your cause,” he says.

Step 8: Consider professional help, if needed

Depending on the scale of the dispute, it may pay to get professional help, Ellis says.

After getting guidance from a tenants union, tenants often represent themselves; while property owners sometimes choose an advocate, often a real estate agent, to appear on their behalf.