Going to the Tribunal to Solve a Tenancy Dispute

Queensland Civil and Administrative Tribunal (QCAT)

The Queensland Civil and Administrative Tribunal (QCAT)  is authorised to hear tenancy disputes covered by the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).

QCAT can make a range of orders to resolve residential tenancy disputes.

To access QCAT forms or fact sheets visit www.qcat.qld.gov.au

QCAT commenced on 1 December 2009 and replaces the former Small Claims Tribunal. If a tenancy matter commenced in the Small Claims Tribunal prior to 1 December 2009 it will automatically be transferred to QCAT.

Applying for a tenancy hearing

When you apply to QCAT for a tenancy hearing, you will need to fill in an application form – QCAT Form 2 – Application for minor civil dispute – residential tenancy dispute. Forms are available from QCAT, your local Magistrates Court, or online at www.qcat.qld.gov.au  

Applications must be lodged at QCAT’s Brisbane office or at the local Magistrates Court closest to the rental premises (excluding Brisbane Magistrates Court). 

In Brisbane QCAT is located at Level 9, 259 Queen St Brisbane  (GPO Box 1639, Brisbane Qld 4001). You can phone QCAT on 1300 753 228.

Urgent and Non-Urgent Applications

Tenancy applications to QCAT can be either “urgent” or “non-urgent”. “Urgent” applications are defined in the Act. If your dispute is classed as “urgent” you can apply directly to QCAT for a decision. All other applications are “non-urgent”.

The RTA Dispute Resolution Service

If your dispute is classed as “non-urgent” you must first apply to the RTA Dispute Resolution Service to try to resolve the dispute, before you can apply to QCAT.

If the RTA cannot assist you to resolve your dispute, they will send you a Notice of Unresolved Dispute with a conciliation number. When you apply to QCAT for a hearing you will need to write the conciliation number on your  application form and attach a copy of your Notice of Unresolved Dispute.

For Residential Tenancies Authority (RTA) information and tenancy forms visit www.rta.qld.gov.au or phone the RTA on 1300 366 311.

Lodging your application

The QCAT application form lists all the relevant sections of the Act for both “urgent” and “non-urgent” tenancy applications. When you fill in the form, you will need to tick the box (or boxes) to indicate what section/s you are applying under. Your application should also include details of your claim and state the orders you are seeking. You should attach copies of relevant documents or evidence to your application form.

Parties must lodge at least 3 copies of the application with QCAT: one for the Applicant, one for each Respondent (if more than one Respondent, lodge additional copies ) and one for QCAT.

QCAT can hear tenancy claims up to $25,000.

Filing fees

When you lodge an application for QCAT, you will need to pay a filing fee. The filing fee is between $20 and $250. The amount you pay depends on how much money (if any) you are claiming in your application. If you are seeking an order, or claiming an amount no greater than $500, the fee is $20. A full list of fees is available on the QCAT website.

Can you be represented?

Generally all parties involved in a matter before QCAT must represent themselves. Parties can apply to QCAT  if they need to be represented (an Application for leave to be represented form is on the QCAT website). Representation may or may not be permitted.

If you are the Respondent

If you are notified about a tenancy hearing in QCAT it is important to attend. If you do not attend a decision may be made solely on evidence presented by the other party.

If you are the Respondent the Tribunal will send you a copy of the application lodged by the other party. Look carefully at this application, this is what you need to respond to at the Tribunal hearing.

If you disagree with the application lodged by the other party, gather evidence and prepare what you plan to say at the hearing. You may want to prepare a written statement to take to the hearing. If you need assistance or advice contact a tenant advice service.

What the Tribunal will decide

At the hearing the Tribunal Member, or Adjudicator, will look at the evidence presented by each party and may make a final decision about the matter, called an “order”. The Tribunal will send each party a copy of this “order”.

Tribunal orders

The Tribunal has the power to make a range of “orders” in relation to tenancy matters, including;

  • termination orders
  • orders about rent payments
  • orders about repairs
  • orders about the payment of compensation
  • orders about rent increases or decreases
  • orders about bond refunds

Tribunal decisions are final and binding on both parties.

Can you appeal a QCAT decision?

In  limited circumstances parties can appeal a QCAT decision. Information is available on the QCAT website. To appeal a tenancy matter you must apply to QCAT and seek leave to appeal.

In some circumstances you can use a Application for reopening, correction, renewal or amendment form apply to QCAT to have the matter re-heard, or to seek changes to the order. You must lodge this form within 28 days of the original decision. You may need to attach an affidavit to the form, setting out your reason for the application. It is up to QCAT to decide whether or not to agree with your request.  

You can apply for a reopening of the proceeding if:

  • You did not appear at the hearing and had a reasonable excuse for not attending; or
  • You would suffer a substantial injustice if the proceeding was not reopened because significant new evidence has arisen that was not available at the original hearing.

You can apply to QCAT to correct a decision if there is a clerical mistake, error, miscalculation, or mistake in description of matter, person or thing mentioned in the decision.

You can seek a renewal of a final decision if it is not possible to comply with the Tribunal’s final decision, or there are problems with interpreting, implementing or enforcing the decision.

For information about going to QCAT, visit their website at www.qcat.qld.gov.au

Need help?

If you need help to apply to the Tribunal, or to respond to a Tribunal matter, contact the Tenants’ Union of Queensland Advice Service on 1300 744 263 or contact your local Tenant Advice and Advocacy Service.