If a tenant and landlord are able to reach an agreement between themselves, they can formalise their agreement using the Tenancy Services’ FastTrack Resolution service. This avoids having to go through mediation or to the Tenancy Tribunal.
It is important that the tenant fully understands their rights and responsibilities under the agreement. Once the agreement is confirmed by a mediator and sealed (stamped) by the Tenancy Tribunal, it becomes a legally binding court order.
FastTrack Resolution Process
The landlord can apply once agreement is reached
The landlord and the tenant must first agree on:
- how they’ll sort out the tenancy problem, and
- what will happen if the agreement isn’t kept by either party.
Once agreement is reached, the landlord can apply to the FastTrack Resolution service. Before applying the landlord must let the tenant know that they are filing an application.
The application is made by completing the FastTrack section of the Tenancy Tribunal application form.
Applying to the Tenancy Tribunal
What happens after the application is filed
After the application is filed, a mediator will call the tenant within two business days to talk privately with them to check that they agree to and understand all the terms and conditions of the agreement.
If the tenant is unsure about any part of the agreement, or if there is a problem with the application, the mediator will have a 3-way telephone conference with both the tenant and the landlord to resolve any issues.
Mediation is not an option at this stage because it would cause too much delay.
A Mediator’s Order is issued after resolution is reached
Once the mediator has confirmed the agreement, it is formalised in writing as a Mediator’s Order and a copy is sent to the tenant and the landlord.
The mediated order is also sent to the Tenancy Tribunal to be sealed (stamped). This makes the agreement legally binding. It can be enforced in the same way as an order made by the Tenancy Tribunal.
What kinds of issues can be dealt with
The FastTrack Resolution process is generally best suited to disputes where there is only one or two issues to be dealt with, and the dispute involves only one or two tenants.
If the tenant or landlord is seeking exemplary damages, they must apply though the standard Tenancy Tribunal process not FastTrack Resolution.
Examples of the types of applications that are suitable for FastTrack Resolution include:
• when rent or other money is owed and the dispute can be resolved with a Monetary Order
• where the landlord is seeking to terminate the tenancy because of rent arrears and the tenant is willing to leave the property
• disputes about unpaid bond or other money owing where agreement for payment of the money owed has been reached, and the dispute can be resolved through a Monetary Order and/or termination of the tenancy if the agreement is broken.
What kind of issues can’t be dealt with
FastTrack Resolution requires that the tenant and landlord have come to an agreement that will fully resolve the dispute. It is not suitable where the tenant/s and landlord have reached only partial agreement and only some of the issues have been resolved.
Other examples of applications that are not suitable for FastTrack Resolution include:
• applications with more than three issues
• applications involving three or more tenants
• when exemplary damages are being sought
• disputes involving minors (under 18 years of age)
• where a licensed interpreter is required.
These applications should proceed through the standard Tenancy Tribunal process.
Last reviewed on 15 Apr 2025
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