QCAT can hear rental claims for amounts up to $25,000. The tenancy court has extensive powers to settle various types of rental disputes. This may include: Anyone can receive legal help or advice to apply to NCAT or prepare for a hearing. You do not need permission from the court to do this. 1.4. The tenant has broken the lease, the landlord has terminated 14 days in advance to remedy the violation, the violation remains and the termination has expired. 5. The court may enforce in whole or in part a provision of a lease under which one party (the debtor) is required to reimburse the other party (the creditor) for any reasonable costs or commissions incurred by the creditor in collecting or attempting to collect overdue payments owed by the debtor to the creditor pursuant to a court order: were paid or incurred. A representative can be a lawyer, real estate agent, condominium management agent, lawyer, friend or relative with the authority to act on your behalf. You do not need to be represented by a lawyer in a rental court. However, if you choose legal representation, you will have to pay for it yourself.

In some NCAT cases, you automatically have a right of representation. This means that you do not have to ask the NCAT for permission to be represented. The decision of the tenancy court is notified to all parties in the form of a declaratory order of the RTB and is final. You can view the discovery orders on the RTB website. Decisions of the arbitral tribunal may be appealed in cassation only to the High Court and the appeal must be filed within 21 days. For more information, see the RTB Tribunal FAQ. If you are the applicant, you should have submitted copies of the relevant documents with your application. For example, the rental agreement, the rental overview, and any 14-day notice or other correspondence. Bring your original documents and all supporting documents with you to the hearing. QCAT can make a number of arrangements to resolve disputes relating to tenancy and one-bedroom apartment. The parties may request a tenancy hearing using a QCAT 2 Application for Minor Civil Litigation – Residential Tenancies Dispute.

Below is a list of the most important issues to consider when determining whether the rental court has jurisdiction to handle a dispute. The Court of Justice is likely to have jurisdiction if the answer to each question is `yes`. Note, however, that some of the questions relate to terms that have specific definitions. For example, a dispute may have something to do with a residential property, but may not properly fall within the jurisdiction of the tenancy court if it has no real relevance to the issues in dispute. If you have any doubts about jurisdiction, it may be helpful to discuss them with rental court staff or consult a lawyer before taking any further action. If you disagree with the other party`s request, gather evidence and prepare what you want to say at the hearing. It is helpful to prepare a written statement to submit to the hearing with your evidence. If you need help or advice answering a QCAT rental question, contact a tenant advisory service. The landlord had agreed with the tenants that they could terminate their temporary tenancy if they found „suitable” tenants to replace them. The original tenants found replacements who had good credit histories, could pay the rent, and had good references.

However, the landlord did not accept these tenants because they had no tenancy history and had a child. The landlord later found another replacement and wanted the original tenants to continue paying rent until the new lease began. The TAQC website contains links to the Supreme Court Library where you can use keywords to find examples of previous TAQC lease decisions. The tenancy court is constituted in such a way that the parties represent themselves and lawyers or other representatives are not required. However, representation may be granted in certain circumstances (section 93 of the RTA). A request for representation may be made at any time during the proceedings in writing or in person at the hearing. The tenancy court is a type of court that specializes in disputes between tenants and landlords. It`s faster than going to a normal dish. It`s also much cheaper – you pay a filing fee of around $20 and usually don`t have a lawyer at the hearing. Detailed information on representation for your type of case can be found in the relevant NCAT Division publication.

The Residential Tenancies Board (RTB) provides dispute resolution services to landlords and tenants. Any agreement entered into with or concluded by it shall be legally binding on both parties. Landlords, tenants or others directly affected, such as neighbours, can start the process. Landlords must be registered with RTB to use the service, but tenants can use it even if their landlord has not registered the tenancy. If your dispute is deemed „urgent”, you can request a hearing directly from the TAQC. The TAQQ prioritizes urgent applications, which are generally heard within 2 or 3 weeks, depending on the court`s traffic at that time and the frequency with which the court hears cases in your region. QCAT issues are decided on a case-by-case basis. The court makes its decision on the basis of the evidence presented by each party. If you are asking to reopen a case, it is also helpful to inform the court if you have evidence that could lead the court to make a different decision when the case is heard. For example: You may have rental receipts to show that your rent is up to date.

You may want to point out that if you had been there and you had been able to present this evidence at the hearing, the court might have made a different decision on the matter. The arbitrator`s report will be sent to both parties in the case with letters of acceptance and rejection, one of which must be completed and returned to RTB within 10 days. If both parties accept the decision, it becomes a final declaratory decision of the RTB. The tenancy court`s jurisdiction to award interest is not expressly provided for in the Residential Tenancies Act 1986. Section 78 (1) (d) of the Act has the power to order a party to pay money to another party. Subsection (h) provides that the court may also make „such other order as the High Court or District Court may make under any law or rule of law relating to contracts”. These courts may order a party to pay damages for breach of contract and interest on damages. It is therefore possible that the court may consider that it could award interest in certain circumstances. You can ask a lawyer for legal advice about your particular situation if you want to claim interest, but you are not willing to do so without first understanding your legal position. In the sections of this text relating to interests in district courts and the High Court, you will learn more about the ability of these courts to award interest and when they might do so. To appeal a tenancy issue, you must apply to QCAT with an application for leave to appeal or an appeal form and apply for leave to appeal (permission). It is up to the QCAT to decide if you have enough evidence to appeal the decision.

For more information on the types of cases where a representation licence is not required, see the Policy on Relevant Scope. If one party is granted the right to be represented, the other party automatically has the same right (Article 93(4) of the RTK). Requests for representation before oral proceedings must be made in writing. Your application must include: The reasons why representation might be considered appropriate are as follows: You may personally request permission to be represented by counsel at the NCAT hearing. If a party intends to be legally represented at a hearing before the RTB, the RTB must be informed within 7 days of the announcement of the hearing date. The costs of legal or other professional representation before the RTB will only be awarded to RTB in exceptional cases and with the agreement of the Executive Board.