Having representation is the exception
The Tenancy Tribunal is set up so that the parties represent themselves and lawyers or other representatives are not required. However, representation can be granted in certain circumstances (s 93 RTA).
The Tribunal can grant a tenant the right to have representation if:
- the amount of money in dispute is more than $6,000, or
- the landlord consents, or
- the Tribunal believes it is appropriate to do so (ie, at the discretion of the adjudicator).
Reasons that granting representation might be considered appropriate include:
- there is a significant disparity between the tenant and landlord, which affects their ability to represent their respective cases, eg, the tenant has a physical or mental impairment that means they are unable to represent themselves, or
- when the situation is unusually complex, or
- when the tenant has a good reason for not being able to attend in person.
If one party is granted the right to have representation, then the other party automatically has the same right (s 93(4) RTA).
The role of an advocate
If the tenant is granted the right to have representation and they have the support of a tenant advocate, there are usually two approaches to representation:
- The representative speaks to the application, and allows the tenant to fill gaps, or
- The tenant speaks to the application, and the representative only speaks or assists if the tenant is unable to.
If representation has been granted, then the tenant and representative should agree on how they will approach the hearing together.
Support people
Tenancy Tribunal hearings are generally open to the public (s 95 RTA) and either party can take support people with them.
Often, this is the role that an advocate will take. Support people cannot speak during the hearing, and the amount of involvement that they have in a hearing is dependent on the adjudicator's discretion.
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