The RTA’s free, confidential dispute resolution service helps tenants and landlords resolve disputes without the need for legal action.
Before applying for
dispute resolution always try and negotiate with the other person first.
Participation is
voluntary and the RTA cannot compel a person to join the process.
In urgent situations the tenant or property manager/owner can
apply directly to QCAT without first lodging a Dispute resolution
request with the RTA.
The
RTA conducts 2 types of conciliations:
- 3-way teleconference, or
- phone shuttle, where
conciliators hold separate conversations with each person
How to apply
Fill out a Dispute resolution
request (Form 16) and
send it to the RTA. Send relevant supporting documents that set out the dispute
details (e.g. rent ledger, cleaning invoice) directly to the other person.
Dispute resolution
process
RTA conciliators
Our impartial
conciliators guide the dispute resolution process and do not advocate for
either person. Conciliators encourage both sides to reach an agreement and help
participants consider possible options based on Queensland tenancy legislation.
They cannot make a decision about the dispute.
RTA conciliation gives
everyone an opportunity to have a say in the outcome. Conciliations are usually
conducted during a conference call.
If the matter goes to
QCAT, an adjudicator makes a decision and the people involved in the dispute do
not have control over the outcome.
How to prepare
- nominate one person to take the
call, and advise the RTA
- set aside up to 1 hour for the
call
- think about the issues and
write them down
- consider ways to resolve the
issues and the outcome you would accept
- have all relevant documents
ready
Conference call
Take the call in a
quiet place. Everyone will have a chance to present their views, listen to the
other person and settle the dispute together. All participants should be
authorised to make decisions.
If the dispute is
resolved
The conciliator will
put the agreement in writing and send a copy to each person to ensure there is
a shared understanding of what will happen, who will do it, and when and how it
will be done. Both people sign the agreement and return a copy to the RTA by
the due date. The conciliation agreement forms part of the tenancy agreement
which QCAT can enforce if necessary. If one or both people do not return a
signed copy of the agreement by the due date the dispute remains unresolved.
If the dispute is not
resolved
- the RTA will issue a Notice of unresolved dispute, and
- the person who lodged the
initial dispute resolution request can choose to apply to QCAT for a
decision.
QCAT
When a problem cannot
be resolved through dispute resolution, or the dispute is defined as ‘urgent’ under the Residential Tenancies
and Rooming Accommodation Act 2008, the matter may be taken to QCAT (time limits apply).
Disputes with
neighbours
The RTA does not
conciliate issues between co-tenants (apart from bond disputes), neighbours or
disputes between property managers and owners.
Contact
- the Office of Fair Trading for information on disputes between property
managers and owners
- QCAT for information on disputes between neighbours
Dispute resolution process flow chart
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Download (PDF 26KB)
Current
version: v1 Feb17
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For more information
on how to defuse an emotional situation with a tenant, read our blog here: https://www.realrenta.com.au/blog/post/597
Jason Gwerder
Tuesday, 17 December 2019