Making an application
Applications can be made online on the Tenancy Services website or by completing a printed form. Forms can be picked up from or ordered from a Tenancy Services office or copies may be available from the nearest CAB or Community Law Centre. Specialist tenant advocacy services also generally keep a stock on hand.
There is an application fee of $20.44.
Quick tip
The tenant can apply for the filing fee to be refunded if their application is successful. Don’t forget to include this in the application.
There are a number of sections to a Tenancy Tribunal application. Some tenants will need support to fill in the application and to make sure it is complete and accurate.
The application is the place to explain what the issue is, what has happened so far, and what the tenant would like the Tribunal to do to resolve things.
There is also a range of basic information that has to be provided. This includes:
- Name of person making the application.
- Address that applicant can be contacted (not necessarily address of current tenancy).
- Name of landlord / property manager.
- Contact details of landlord / property manager.
- Address of tenancy that the application is about.
- How many tenants and their names.
- Whether there is the need for an interpreter.
- Most of the information can be collected directly from the Tenancy Agreement. A copy of the tenancy agreement should also be supplied with the application, or if there isn’t a written agreement this should be noted.
Name suppression
If the tenant wants to have their details hidden from the public record, they will need to request that their details not be published at the time they make their application. If certain criteria are met, their name and identifying details will be suppressed.
Quick tip
It is a good idea to apply for name suppression as a matter of course as there are landlord and property management services that monitor Tenancy Tribunal decisions and may blacklist tenants just for going to the Tribunal.
Name suppression will not be granted automatically. It will normally only happen if the tenant has applied for name suppression and is “wholly or substantially successful” in the proceedings (s 95A(1) RTA). If these requirements are met, the Tribunal must grant suppression except in limited circumstances.
If the tenant’s claim is unsuccessful, the Tribunal may sometimes also decide to suppress their details under section s 95A(4) RTA after considering the interests of the parties and the public interest.
If a tenant is withdrawing from a tenancy following family violence then their details will be automatically suppressed, they do not need to apply for this (s 56B RTA).
Submitting evidence
The Tenancy Tribunal makes decisions on the ‘balance of probabilities’. This means it works out what is most likely to be true based on the evidence supplied and from listening to what both parties say.
To improve the chances of success, the tenant’s claims should all be backed up by evidence.
For more information see Evidence.
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