What is the Tribunal?

In Queensland, the Tribunal that hears tenancy disputes is the Queensland Civil and Administrative
Tribunal (QCAT). The Tribunal was set up under the Queensland Civil and Administrative Tribunal Act 2009 and replaces the Small Claims Tribunal and a number of other Tribunals.

QCAT has a comprehensive website, with fact sheets and application forms available to download. If you need further information, or do not have access to the Internet, the QCAT registry can assist you with any information you need about applying to the Tribunal.

Some other organisations that can assist people applying to the Tribunal for a tenancy matter have
been listed at the end of this information sheet.

Who can apply to the Tribunal for a tenancy dispute?

The Tribunal hears tenancy disputes between tenants and lessors (or their agents), and residents
and providers of rooming accommodation. It also hears disputes about rental bonds for students
living in not-for-profit on-campus accommodation.

The person applying to the Tribunal for a decision on a matter is called an applicant. The person
responding to the applicant’s claim is called the respondent.

When can an application be made?

The Tribunal hears both urgent and non-urgent applications. For an application to be considered
urgent, it must be classed as urgent under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act). An example of an urgent application is where a lessor is applying for a Warrant of Possession because a tenant has not left by the date on a Notice to leave (RTA Form 12). A full list of urgent applications can be found at www.qcat.qld.gov.au. 

If the dispute is not classed as urgent under the Act, for example a bond dispute, you must first lodge a Dispute resolution request (Form 16) with the RTA’s Dispute Resolution Service. If an agreement can not be reached with the assistance of this service, the RTA will issue a Notice of unresolved dispute to the person who applied for dispute resolution. Once this form has been issued, the applicant is then able to apply to the Tribunal for a decision on the matter. For more information on dispute resolution, see the RTA’s Dispute resolution services fact sheet.

Are there time limits for applying to the Tribunal?

Yes, there are limits within which you must make a claim. Time limits range from seven days to six months (and in very limited cases, there is no time limit) depending on the type of claim.

For example, where an applicant with a rental bond dispute is applying to the Tribunal after being
issued a Notice of unresolved dispute from the RTA, there is only seven days in which to make the
application and advise the RTA that you have done so, to stop the bond from being paid out.

Alternatively, a resident disputing a Notice to leave (RTA Form R12) because they believe it was given in retaliation for them exercising their rights has two weeks to apply to the Tribunal.

For a full list of the time limits that apply to residential tenancy disputes, visit www.qcat.qld.gov.au. 

How do I apply to the Tribunal?

Applications to QCAT are made on a QCAT Form 2 – Application for minor civil dispute – residential
tenancy dispute. The instructions for filling out the form can be found on the form itself.

QCAT has separate forms for counter applications (where a respondent is also making a claim against the applicant) and compensation claims. Check with the QCAT registry for further information about which form you should use.

Once the form has been completed, it can be lodged either at the QCAT registry in Brisbane, in person or by post. If you are outside the Brisbane CBD, the application can be lodged at your local Magistrates Court. Generally the application should be lodged at the Tribunal (or Magistrates Court) closest to the rental property.

QCAT forms and locations of Magistrates Courts can be found at www.qcat.qld.gov.au. 

After the hearing

After the hearing is completed, both the applicant and respondent will be sent a copy of the order. If
the decision was regarding the payment of bond money, the Tribunal will instruct the RTA on how
the bond should be paid out.

There are limited rights to appeal decisions made by the Tribunal. Decisions may be appealed on a
question of law, fact, or a mix of both.

If there is concern over whether the parties will follow the orders of the Tribunal, information may be sought from QCAT about options for enforcing the order.

Organisations that may assist with a Tribunal application

For tenants/residents

• Tenant Advice and Advocacy Service (Qld) (TAASQ) - look under ‘tenancy’ in the White Pages for your local office
• Tenants’ Union of Queensland (TUQ) - 1300 744 263

For lessors/agents/resident managers

• Property Owners’ Association of Queensland (POAQ) for members - 3343 3929
• Real Estate Institute of Queensland (REIQ) for members - 3249 7390
• Australian Resident Accommodation Managers Association (Qld) (QRAMA) 3257 3927

For all parties applying to the Tribunal

For information on your rights and responsibilities under the law

• The Residential Tenancies Authority (RTA) - www.rta.qld.gov.au or 1300 366 311

Further information

For further information on the Tribunal and its processes, visit www.qcat.qld.gov.au, or contact the QCAT registry on 1300 QLD CAT (or 1300 753 228).

If you need interpreting assistance to help you understand this information, contact TIS on 13 14 50 (for the cost of a local call) and ask to speak to the Residential Tenancies Authority (RTA).

v105.02 – Nov 10