I like to think that in most situations, even in times of conflict, there is generally an outcome that is going to work for everyone, to at least some degree. It might not be the ideal result, but it’s enough that you can accept it.
Whether it’s a leaning fence, a tree whose roots are exploring the wrong side of the boundary, or a tenancy in dispute, when things get hairy, then QCAT (The Queensland Civil and Administrative Tribunal) is your legal recourse. QCAT is an independent tribunal that is designed to resolve disputes in a manner that is accessible, quick and inexpensive. QCAT has jurisdiction over a wide variety of matters, with the most common ones falling under the real estate umbrella being in relation to residential tenancies.
When it comes to residential tenancies, communication is key. Almost always, disputes can be resolved – or avoided - through effective and clear communication. Where a dispute does arise, the next step may involve conciliation through the free service offered by the Residential Tenancies Authority. The majority of disputes are resolved at this point. This leaves a small percentage that may need to be dealt with by QCAT. QCAT should always be a last resort. It’s in everyone’s best interests to resolve a dispute as quickly as possible and to reach a compromise.
Statistics show that most QCAT matters involve bond disputes at the end of a tenancy or, tenancy termination. These matters can arise in different circumstances, for example, if a tenant breaks lease, if a tenant stays in a property beyond their vacate date or if a property manager has not given the correct notice in advance.
To be clear, there are times when a tenant can have a perfectly legitimate reason for staying in place after being asked to leave by a property owner or property manager. It could that a weather event prevents travel or, they may have been unable to move into their subsequent home for another reason.
If the property manager or landlord has issued an invalid notice – either not in the correct form or without sufficient notice (typically 2 months) - the Magistrate is typically going to issue the following direction: “get your paperwork in order, issue appropriately and leave the tenants alone in the meantime”.
Where a Notice to Leave is upheld by QCAT and the tenant is therefore required to leave, the tenant in question may be given an option to take a few weeks to get their gear and household in order. This will vary however depending on individual circumstances.
QCAT is an important and, at times essential, body in the rental landscape. Although it is designed to be inexpensive and quick at resolving disputes, the volume of disputes and wait times does not always meet these objectives. As always, the old adage of ‘prevention is better than cure’ is relevant when it comes to any dispute.
Tom Quaid is the REIQ Zone Chair for Cairns