Need Help Solving a Tenancy Dispute

10 Feb 2014

This May Be Your Answer !!!!!

In what must be regarded as an innovative and very welcome initiative NSW Fair Trading is now providing a FREE dispute resolution service for property managers, tenants and landlords.

This service is not designed as a substitute or replacement for the recently restructured CTTT, now called the NSW Civil and Administrative Tribunal (NCAT) which commenced operations on 1 January 2014. As all property managers well know some disputes will never get solved by mediation or negotiation they simply need the legality and strength of a Tribunal order, a decision that can ultimately be enforced by due legal process.

Many disputes between agents and tenants escalate to a Tribunal hearing as a result of frustration, misunderstanding and/or poor advice and should never get to that level. Many of these “minor” differences can be solved by the intervention of a trained and independent third party providing impartial advice as to the rights and obligations of the tenancy agreement and the law.

Disputes over the following matters may well get solved with Fair Trading assistance:

  • Repairs and Maintenance
  • Alterations to premises
  • Non urgent health matters
  • Access to premises for inspections
  • Non-compliance with the tenancy agreement
  • Ending a tenancy and breaking a lease
  • Condition reports

More serious issues such as lockouts and evictions, illegal activity, serious damage and rental arrears in excess of 14 days should still go to the Tribunal.

We suggest that practitioners take advantage of this free service which saves both time and money and can settle issues before they simply get out of hand.

Further information can be obtained by calling 133220 and asking for the dispute resolution service or going to the Fair Trading website and download their very detailed fact sheet which explains the process and the expected outcomes.

EAC Members can give Geoff Hunter a call on 1300 137 161 to discuss or answer any questions.

Source: Geoff Hunter – EAC Industry Liaison Officer

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