Commissioner determinations

Last updated: 19 November 2024

The Commissioner can make decisions about a tenant’s request to keep a pet or make a minor change to a rental home. Commissioner determinations will include bond disputes in 2025.

Step 1: Applying to the Commissioner

A tenant or landlord can apply online.

When a landlord needs to apply for the Commissioner’s approval

A landlord will need to apply for approval from the Commissioner for some conditions and refusals for a tenant’s request for a pet or minor change. These are listed on:

Landlords have 14 days from the day after they have received the request to:

  • Apply to the Commissioner for refusal if needed.
  • Respond to the tenant of their decision and let them know if they are applying to the Commissioner to refuse or set a special condition.

When a tenant can apply to the Commissioner

Tenants can apply to the Commissioner for a review of the landlord’s decision if the tenant believes:

  • the reason the landlord said no does not apply or
  • the landlord set an unreasonable condition.

Step 2: Commissioner’s decision

Both sides will be asked to provide information to explain their situation by a set time. If responses are not provided in time, a decision may be made without the information.

Responses must true and accurate. Providing false or misleading information may result in a fine of up to $10,000. 

After the review, both the tenant and the landlord will get a letter with the decision. The outcome may be:

  • Refusal is not permitted: The tenant can make the modifications or keep a pet
  • Refusal is permitted: The tenant cannot make the modification or keep a pet
  • Condition is reasonable: The tenant must follow the condition
  • Condition needs a change: The condition needs a change and the tenant must follow it
  • Condition is unreasonable: The condition will not apply and the tenant can make a modification or keep a pet.
  • Another condition should apply:  The Commissioner has decided another condition should apply. 

The Commissioner may choose not to make a decision on the application. In this case, either side may apply to the Magistrates Court for a decision.

Step 3: Going to court

If the tenant or landlord is unhappy with the decision, they can appeal it in the Magistrates Court. They must do this within seven days. Appeals can be submitted online at eCourts portal.