As a tenant, you have rights under the Residential Tenancies Act. The Act also sets out a process that you and the lessor can use to resolve tenancy disputes. If you cannot negotiate an agreement with the lessor or agent the Residential Tenancies Authority’s Dispute Resolution Service and the Small Claims Tribunal can help you to resolve the dispute.

If you have a tenancy dispute it is important to find out what your legal rights and responsibilities are as the tenant. You are then in a better position to negotiate.

It can also be helpful to write to the agent or lessor about the tenancy dispute. Remember to include what outcome you think is appropriate to resolve the dispute. If the dispute relates to a breach of the agreement by the other party it is important to issue a Notice to Remedy Breach form 11. Remember to keep a copy of any letters or forms that you send.

If you are unable to resolve a dispute yourself you apply to the Residential Tenancies Authorities (RTA) free Dispute Resolution Service for assistance. You will need to send the RTA a completed Dispute Resolution Request form 16. It may take several weeks for the RTA conciliator to contact you so indicate on the form if the matter is urgent. You can also attach copies of any forms or letters you have sent to the lessor that explain the dispute.

If the RTA conciliator cannot assist you and the lessor or agent to reach and agreement the RTA will issue you with a Notice of Unresolved Dispute. You can then apply to the Small Claims Tribunal for a tenancy hearing.

In the Tribunal a Referee can examine your evidence and make a final decision about the matter. The Referee can make a range of orders, such as orders that action be taken, that compensation be paid, that rent be decreased, that bond be refunded or that a tenancy be terminated. Tribunal decisions are final and binding on both parties.

Under the Act some matters are grounds for "Urgent" application direct to the Small Claims Tribunal. In these cases it is not necessary to first apply to the RTA dispute service before making an application to the Tribunal for a hearing.

Most Urgent applications to the Tribunal relate to termination of the tenancy. Other Urgent Tribunal applications include applications about urgent repairs that affect the health or safety of tenants applications to dispute abandonment orders or applications to dispute seizure of goods by the lessor or agent.

For more information about resolving disputes see the Fast Facts on Tenacy below
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