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What is my legal position? |
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Your rights and responsibilities as a tenant |
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Tips for avoiding legal problems |
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The different tenancy relationships - pros and cons |
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Going to the Consumer, Trader and Tenancy Tribunal |
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The
bond |
If you are a tenant (or think
you may be a tenant) and you're having problems with your landlord/agent
or head tenant, you can apply to the Consumer, Trader and Tenancy
Tribunal to have the matter resolved. The Tribunal sits at various
locations in Sydney and throughout the State. It was set up
to provide cheap and informal resolutions to disputes between
landlords and tenants. Unfortunately it cannot deal with disputes
between co-tenants - you will have to try a community justice
centre for help with those issues (see Contact
Points)
If you make an application to the Tribunal, you will need to
provide evidence of your claims. For example, if your landlord
failed to carry out repairs over a period of time, you should
have copies of letters asking for the repairs to be done, photographs
of the problem or statements from witnesses who can confirm
your claims.
Before going on to a hearing, you will be given the chance to
reach a negotiated settlement with your landlord. This will
involve both you and your landlord presenting your evidence
and trying to come to an agreement on the matter. A mediator
can be provided to assist negotiations if desired.
If you can't reach agreement, you go on to an informal or formal
hearing. Most people choose an immediate informal hearing. Only
one Tribunal member hears the case and usually there is no legal
representation (so there isn't too much legal jargon or legal
fees after a small application fee.). If you choose a formal
hearing, then witnesses can give sworn statements, and the case
proceeds a little more like a court.
One problem is that real estate agents often represent their
landlords and can be quite experienced in presenting evidence.
If you are planning to take a case to the Tribunal, be sure
to consult the Tenants Union Hotline or your local tenants service
for advice about what you need to do to prepare (see Contact
Points)
If your landlord has applied to the Tribunal, make sure you
turn up for the hearing. Even if you have no written evidence
in support of your case, it is important that you take the opportunity
to defend yourself and explain what happened. Your explanation
may be accepted on the day, particularly if your landlord has
shonky evidence or is difficult to deal with. Your circumstances
will generally be taken into account and it may be possible
to get more time to move out or to negotiate a settlement. |
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