• Self resolution
  • Knowing your rights and responsibilities
  • Keeping records
  • Communicating
  • Support and assistance
  • Self Resolution Checklist
• The Dispute Resolution Service
  • Matters not suitable for conciliation
  • Applying for dispute resolution
  • Preparing documents for conciliation
  • The role of the conciliator
  • Preparing for conciliation
• Handling tenancy disputes in the Small Claims Tribunal
  • Introduction
  • Options for resolving disputes
  • Role of the Small Claims Tribunal
  • Applying to a Small Claims Tribunal
  • The hearing
  • After the hearing

Options for resolving disputes

Download Handling Tenancy Disputes in the Small Claims Tribunal as a PDF (845kB)

Generally, you have three main options for resolving a tenancy dispute:

• talking with the other party and coming to an agreement
• seeking assistance through the RTA's Dispute Resolution Service
• applying for a hearing in the tribunal.

Option 1 - self resolution

• Find out about your rights and responsibilities
• Talk with the other party to negotiate an agreed outcome
• If the matter cannot be resolved, move on to option 2 and use the RTA's free Dispute Resolution Service

Option 2 - RTA Dispute Resolution Service

• Apply to the RTA for assistance in resolving the dispute. (Complete a dispute resolution request (form 16 or R16) and send it to the RTA's Dispute Resolution Service)
• Conciliation will be attempted if suitable, and the dispute may be resolved
• If conciliation is not suitable, or the matter is not resolved, the RTA will issue a notice of unresolved dispute
• You may now decide to move onto option 3 and apply for your dispute to be heard by the tribunal

Option 3 - Tribunal

• Submit an application for a tribunal hearing
• A referee will conduct the hearing
• An order will be made by the referee about the dispute.

As the steps above show, the first two options offer you and the other party a way of resolving the dispute between yourselves. Many people have found they could successfully resolve disputes by using one or both of these options, saving themselves both time and money.

Applying to the tribunal is the third and final option for resolving tenancy disputes. In most cases, you must go through the RTA's Dispute Resolution Service (option 2) before applying for a tribunal hearing.

There are only certain circumstances in which you can apply directly to the tribunal for a hearing. These are referred to as urgent applications.