Most rental problems can be sorted out by trying these simple steps first:
- Talk it out.
- Write a letter or email.
- Use our free conciliation service.
If this fails, your next option may be to apply to:
- Magistrates Court for residential tenancies.
- State Administrative Tribunal for residential park tenancies.
It’s always better to negotiate an outcome with the tenant/landlord before making an application to Court or Tribunal.
Magistrates court video series covers the full Court process in five simple videos from deciding to apply to Court right through to what happens in Court.
Party or parties: A key term used in this information is “party”, which refers to a landlord, tenant or agent involved in the residential tenancy.
Keeping records: It is important for everyone to keep detailed records throughout a tenancy. This includes agreements, notices, emails or letters, receipts and any other information related to the tenancy.
What to expect: common rental disputes
The most common disputes that go to Court include:
- Overdue rent.
- Damage to property.
- Repairs and maintenance of the premises.
Bonds
We may be able to help with bonds disputes without going to court. For more information, please see releasing a bond or contact us on 1300 30 40 54.
Residential tenancy bonds
From 28 March, the Commissioner for Consumer Protection can decide most residential tenancy bond disputes without going to Court.
You may need to apply to the Magistrate Court if:
- the Commissioner is unable to make a decision about your dispute
- you want to appeal a decision made by the Commissioner.
Residential parks bonds
Disputes about residential parks bonds are referred to State Administrative Tribunal (SAT).
Other rental issues
You will need to use form 12 - Application for court order is used for most rental disputes, NOT for bond disputes.
To submit your Form 12, you may need details from your bond, like the bond reference number and the name of the landlord. You can find these on your bond lodgement certificate. Email the bonds team to request a copy if you need one.
When you apply, clearly state what you want the Court to order, e.g. the landlord to repair the air conditioner, or the tenant to pay rent they owe.
Applying to Court
You can apply online through the eCourts Portal (eCourts). You will be directed to the right form by answering a few questions.
When you apply to Court, a date is set during the application process, usually within 14 days, or as soon as possible.
The case will generally be heard at the Magistrates Court nearest to the rental property. See Magistrates Court website for details.
Evidence to take with you
You will need to provide evidence such as tenancy agreement, bond certificate, rent records, emails or photos. You should upload any evidence on the eCourts portal before the Court hearing.
It’s a good idea to bring hard copies of your documents to Court on the day.
Having someone speak for you
Tenants and landlords can have someone speak for them at a hearing in most cases. They must understand your issue well and have your permission to speak on your behalf.
If you are a tenant, you can ask for an advocate of a not-for-profit organisation to represent you at Court. This could be a disability support worker, tenant advocate or lawyer.
Landlords may also have a property manager represent them in Court.
You must lodge an Authorisation for an agent to present a party’s case (Form 24 - under residential tenancies forms). This must be done via eCourts before the date of the hearing.
Court orders
A Magistrate can order you or the landlord/tenant to take certain actions.
These include:
- Ending the tenancy.
- Carrying out repairs or other action aligned to the tenancy agreement.
- Stopping a breach of the tenancy agreement.
- Paying for lost rent, reducing rent, or paying other compensation owed because of the breach.
In some cases, the Magistrate can order rent to be paid to the Court until the landlord completes the Magistrate’s order to fix a breach or pay compensation.
Witnesses
Witnesses are only required for trial hearings.
End of tenancy hardship
Tenants can ask the Magistrate to suspend an order to end the tenancy for up to 30 days if they can show they would otherwise experience hardship.
Enforcement
You can take action to enforce the order if another party does not pay an amount to you as ordered by the Magistrate. More detail is on If they don’t pay – What happens if court/tribunal orders are not paid?
The successful party of a court order has the right to recoup court fees paid.
Appealing a court decision and getting help
There are limited reasons to appeal a Magistrate’s decision.
Tenants and landlords can seek legal advice through a lawyer.
Tenants can also seek advice from:
Magistrates Court video series
Our video series about going to Court will help explain the Court process to you:
- I think I need to go to court (Video 1: 04:32)
- What to expect when making your claim (Video 2: 04:18)
- Preparing for your day in court (Video 3: 04:56)
- Accepting a reasonable outcome (Video 4: 02:05)
- A guide to your day in court (Video 5: 04:53)