First step

The first step in resolving any problem or dispute is to carefully read the term/s of your agreement.

It is always best for a tenant and a landlord/agent to try and solve any problems between themselves. To avoid possible problems later, any agreement reached should be put in writing.

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Obtaining information and advice

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 the Renting and Strata Services Branch of the Office of Fair Trading or 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. Renting and Strata Services staff can provide the application form needed to apply to the Tribunal and can answer any questions you may have on the process involved.

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The Consumer, Trader and Tenancy Tribunal

The Consumer, Trader and Tenancy Tribunal is an independent decision making body which hears and decides applications for orders from tenants and landlords. The Tribunal is a quick, inexpensive, and relatively informal way of resolving disputes.

Applications may be obtained from any Consumer, Trader and Tenancy Tribunal Registry, the Renting and Strata Services Branch of the Office of Fair Trading or Fair Trading Centre. These applications may be lodged by post or at any CTTT Registry, Fair Trading Centre or Local Court.

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Costs

The application fee for the Tenancy Division is $29 ($5 for eligible pensioners and full time students). Hearings are usually held within one month and are conducted at a venue as close as possible to the premises.

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Time limits

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 Division application form.

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Orders

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

The Application for an order - Tenancy Division contains a comprehensive list of what orders the Tribunal can make.

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Hearings

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.

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