Decide on a just and fair ruling. What happens at the hearing? RHT’s are a product of the Rental Housing Act and have been established with a view to resolving disputes between landlords and tenants. In conciliation, put to the other party what you want.
Show them your evidence, and ask to see their evidence.
Listen to what they say they want, and consider possible ways of settling the dispute. Anything said during conciliation cannot be used in a Tribunal hearing or other legal proceedings. This means you (or the landlord) can offer concessions or compromises in an attempt to reach a settlement without these offers being used against you later. See full list on legal.
At the first hearing, the Tribunal may either start hearing evidence, with a view to making final orders on the day, or adjourn the proceedings to another day. If the case is adjourne the Tribunal will usually make some procedural orders (‘directions’) for the parties to exchange evidence, and you will be notified later by mail as to the time and venue of the next hearing. You may have to revise your summary to take account of the other party’s case and their evidence.
Generally, the party making the application will be asked to present their case first. Use your summary to present your case in an orderly way (give a copy to the Member). When you get to presenting the facts of the case, the Tribunal may ask you to swear or affirm that what you say is true, and then take your testimony as evidence.
As you present the facts of the case, also refer to your documentary evidence (letters, photographs, etc) and hand these documents up to the Tribunal too. When your landlord presents their case, listen carefully and make notes. If they present a document as evidence, check it to see if you’ve seen it before. If you haven’t, tell the Tribunal Member that you object, and that you should be given time to see it.
If the landlord has had plenty of opportunities – and orders – to show you the evidence. If you want to present evidence from another person, consider asking them to attend the Tribunal as a witness and give their evidence as testimony. This is better evidence than a statutory declaration, or a signed letter or report, because the Tribunal and the other party can ask questions of the witness and test their evidence. Generally speaking, your witnesses should be persons who are willing to participate in the proceedings, and whose evidence you know will assist your case. It is usually not a good idea to call as a witness someone who is reluctant to attend or is hostile to you.
If you summons a witness, you should also be prepared to pay ‘conduct money’ to help cover the cost of their attendance. Witnesses can give evidence by pro. If neither person appears, the Tribunal will only make a decision if it has all the written information it needs to do so.
In most cases the application will be dismissed. If you already have a hearing date, the tribunal will contact you and tell you how the hearing will take place. You’ll present your case to the tribunal – someone else can.
COVID-alert level information. In Alert Level areas, all face-to-face hearings are adjourned and may be held by teleconference instead. The hearing is public. This promise confirms that you’ll tell the truth. You tell your story, and so will the other person.
Both landlord and tenant will tell their story. If you’re the applicant, you will explain your side first. Present the facts briefly and clearly.
It is best for the tenant and landlord or agent to try and resolve any issues between themselves. To avoid further issues, any agreement reached should be put in writing. If an agreement can’t be made, NSW tenants, landlords and agents can use our free tenancy and real estate complaint service. If a tenant or landlord is unable to resolve a dispute about repairs, maintenance or damage through our tenancy and real estate complaint service, either party may be able have the dispute further investigated further. We can investigate whether: 1. For us to investigate, certain criteria must be met.
It is encouraging people to talk issues through openly and. Here’s an outline of how going to Tribunal works: First up, a landlor Landlord’s agent, tenant, co-tenant or occupant must apply to NCAT to resolve a tenancy dispute. After lodging your application, you can expect a first hearing within three to four weeks.
Before going to Tribunal, a mediator will ask the parties to try to reach a settlement. At an FTT hearing you can give evidence and cross examine the other side on their evidence. If you can’t reach an agreement: you can send a notice to remedy (if the tenant owes less than days rent). Tenancy Tribunal for termination of the tenancy (if the tenant owes days of rent or more, or doesn’t remedy the overdue rent).
Solving problems through self-resolution.