Solving disputes – going to QCAT

Statewide advice number

1300 744 263

Need to solve a tenancy dispute?

It is always good to try to solve a tenancy dispute by communicating with the other party and trying to negotiate an agreement to solve the problem. However if you cannot solve a tenancy dispute you may need to go to the Tribunal for a tenancy hearing and a final decision.

Click here to view the Solving tenancy disputes videos on the Tenants Queensland website

Also see our Resolving Tenancy Disputes Tenancy Fact sheet for more information.

If disputes cannot be resolved the Queensland Civil Administrative Tribunal (QCAT) has the power to hear tenancy disputes and make a final decision (order). The Tribunal is not a formal court and tenants, lessors or agents, must usually represent themselves.

Tenants can feel nervous going to the Tribunal. You may be an applicant applying for an order in the Tribunal, or a respondent attending the Tribunal to respond to a claim being made against you.

These five videos aim to assist tenants to understand the tenancy dispute process, including what to do if you have to go to the Tribunal for a tenancy matter.

Part 1. An overview of the steps you can take to solve a tenancy dispute

Part 2. Explains the role of the RTA Dispute Resolution Service in resolving disputes

Part 3. Explains the role of QCAT in hearing Residential Tenancy Disputes.

Part 4. Shows a QCAT hearing and provides tips on how to apply to QCAT for a hearing

Part 5. Shows a QCAT hearing and gives you an idea of what to expect when you attend a QCAT tenancy hearing, either as an applicant, or as a respondent.

These videos were filmed at the QCAT hearing rooms in Brisbane. While the QCAT hearing room in your local Magistrates court building may look very different the process should be similar.

If you are a tenant or resident and need assistance to resolve a tenancy matter you can call the QSTARS statewide advice and referral service on 1300 744 263

Click here to view the Solving tenancy disputes videos on the Tenants Queensland website.

Quick tips

Talk to the other person about the issues and see if you can reach an agreement, if so put the agreement in writing.

Seek advice

You may want to seek advice from a tenant advice service regarding your legal rights and responsibilities and how the law applies in your situation.

Gather evidence regarding the dispute, including copies of any notices you have issued, letters or emails about the dispute, photos, receipts, rent payment records or other evidence relevant to the dispute.

Apply to the RTA for conciliation

You can apply to the Residential Tenancies Authority (RTA) Dispute Resolution Service for telephone conciliation to help resolve your tenancy dispute. In some cases you must do this before you can take the issue any further.

Apply to the Tribunal for a decision

The Queensland Civil Administrative Tribunal (QCAT) is the Tribunal that hears Minor Civil Disputes – Residential Tenancy Disputes in Queensland. QCAT can hear tenancy disputes and make a final decision about the dispute (an order).

QCAT has a central registry and hearing rooms in Brisbane. In regional areas QCAT matters are heard in your local Magistrates Court building. QCAT is a Tribunal not a Court and parties must represent themselves.

The QCAT form 2 Application for Minor Civil Dispute – Residential Tenancy Dispute includes instructions to help you fill in the form and includes a list of all the section numbers for Urgent and Non-urgent applications for both residential tenancy matters and rooming accommodation disputes.

Urgent or Non-urgent application?

You need to apply to QCAT under the section that relates to your dispute and the type of order you are seeking. If you are not sure what section to use, contact an advice service.

In some situations you can apply directly to QCAT for an Urgent tenancy hearing without having to apply to the RTA Dispute Resolution Service first. Urgent Tribunal applications are defined in section 415 of the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).

All other matters are Non-urgent applications, which means you must first apply to the RTA Dispute Resolution Service. If the RTA cannot help you resolve your dispute they will send you a Notice of Unresolved Dispute (NURD) you can then apply to the Tribunal for a Non-urgent tenancy hearing.

Urgent applications include applications for termination orders, urgent or emergency repair issues, disputes over abandonment or goods left on premises, or tenant applications to dispute Tenancy Database listings.

Non-Urgent matters, including bond disputes, disputes about notices, applications for orders regarding a breach of agreement, claims for compensation or applications for rent decreases, are non-urgent applications.

Time limits may apply

When applying to the Tribunal be aware that time limits may apply under the Act, so seek advice and act promptly. If you fail to take action within the required time limit the Tribunal may be unable to hear your tenancy dispute, or be unable to make the order you are seeking.

If you are responding to Tribunal claim

If you are responding to a Tribunal application look at the claim that has been lodged by the other party. It is important to attend the hearing so you can put forward your response to the claims.

Before the hearing prepare your response and gather evidence to take to the hearing to dispute the claims. It is a good idea to draft a written response to each of the claims and list any evidence that you have.

The QCAT hearing

At the hearing QCAT will make a final decision (an order) about the matter in dispute. The QCAT decision is based on the facts and evidence presented by each party at the hearing.

If you have questions about the QCAT process, or need advice about how to respond to a claim or present your matter, you can call the QSTARS free tenant advice service.

QCAT application forms and information is available on the QCAT website at www.qcat.qld.gov.au including the QCAT Application for Minor Civil Dispute – Residential Tenancy Dispute form 2.

QCAT rules

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

QCAT aims to resolve minor civil residential tenancy disputes in a way that is fair, just, accessible, quick and inexpensive.

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

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

QCAT is a Tribunal and is not a court. Parties must represent themselves and present their own case. For minor civil dispute-residential tenancy matters legal representation is not allowed unless exceptional circumstances apply.

Proceedings in QCAT are guided by the Queensland Civil and Administrative Tribunal Act 2009 which can be viewed on the Office of the Queensland Parliamentary Counsel website

For more information see Going to the tribunal to solve a tenancy dispute or visit the QCAT website at www.qcat.qld.gov.au

Applying to QCAT

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.

QCAT forms are available online at www.qcat.qld.gov.au or from QCAT or your local Magistrates Court.

The QCAT application form includes instructions to help you fill in the form, including a list of different sections in the Act that you can use to apply to the Tribunal for a tenancy hearing.

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”. These are defined under the Residential Tenancies and Rooming Accommodation Act 2008 which lists a number of sections under which parties can apply to the tribunal.

When you apply to QCAT you will need to write the number and name of the section that relates to the reason for your application (for example s 419 Applications about breach of agreements).

“Urgent” applications are defined in the Act. If your dispute is classed as “urgent” you can apply directly to QCAT for a hearing. QCAT prioritise urgent applications which are usually heard within 2 or 3 weeks, depending on how often the tribunal hears matters in your local area, and how busy the tribunal is at the time.

All other applications are “non-urgent”. This means before you can apply to QCAT for a hearing you must first apply to the RTA Dispute Resolution Service for conciliation (mediation).

Information pages attached to the QCAT application form explain how to fill in the form and list all urgent and non-urgent applications.

QCAT staff cannot assist you to fill in the application form. You may need to seek advice from a tenant advice service regarding which section of the Act is most appropriate for your matter.

RTA Dispute Resolution

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.

Fill in an RTA Form 16 Dispute Resolution Request form and send it into the Residential Tenancies Authority to apply. An RTA conciliator will contact you to help you resolve the dispute.

The RTA conciliator will act as a neutral 3rd party and help exchange information between you and the lessor to see if agreement can be reached. This is a good opportunity to identify details of the dispute and request copies of any relevant documents, such as receipts and invoices.

If you and the lessor are able to reach a voluntary agreement the RTA can help parties put this agreement in writing. If the dispute relates to a bond matter the RTA will simply get both parties to fill in new Refund of Rental Bond forms that reflect this agreement.

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

Bond Disputes

For bond disputes, if you are disputing a claim against your bond and have lodged a Form 16 with the RTA and they cannot help you resolve your dispute, the RTA will issue you with a Notice of Unresolved Dispute (NURD).

To proceed with the bond dispute you will need to apply to QCAT for a hearing within 7 days, and notify the RTA. If you don’t notify the RTA within 7 days that you have applied to QCAT for a hearing, the RTA will automatically release the bond money according to the bond refund form lodged by the other party.

If the other party is disputing your claim

If you  lodged the first Refund of Rental Bond form 4 with the RTA and the other party is disputing your claim, the RTA will send them a Notice of Claim. If the RTA cannot help you reach agreement the RTA will send them a Notice of Unresolved Dispute (NURD).

If the other party receives a NURD in relation to a bond refund dispute, they must apply to the Tribunal for a non-urgent hearing within 7 days. If they fail to do this the RTA will automatically release the bond to you, if you were the party that lodged the first Refund of Rental Bond form 4 with the RTA.

If the other party does apply to the Tribunal for a bond dispute hearing within the required 7 day time limit, you will be sent a copy of the application. You can prepare a statement and gather evidence to dispute the claims. You will need to attend the hearing and present your evidence.

At the hearing the Tribunal can make a final decision(order)  about the bond refund. The RTA is immediately notified about this decision and will then release the bond according to the Tribunal order.

Compensation claims above bond amount

If the bond is not sufficient to cover all the money being claimed the other party may include additional compensation claims  as part of their Tribunal application. Their application should provide detailsof these claims and include evidence  to justify these claims

If the Tribunal agrees you owe additional money over the bond amount, the Tribunal can make an order that you pay this money to the applicant. You can request time to pay, or ask if you can pay the money in installments.

If the Tribunal makes an order that you owe money you should make arrangements to pay this debt according to the Tribunal order. If you owe an amount over the bond amount and do not pay this debt the lessor or agent has lawful grounds to put your name on a tenancy database. A listing on a tenancy database can prevent you from accessing rental accommodation.

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

Responding to a claim

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, based 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. It is useful to prepare a written statement to take to the hearing, along with your evidence.

If you need assistance or advice to respond to a QCAT tenancy matter contact a tenant advice service.

Applying to QCAT for a hearing

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 indicate what section/s you are applying under.

Your QCAT 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 for amounts up to $25,000.

QCAT filing fees

When you lodge an application with QCAT, you will need to pay a filing fee. The application fees are between $23.80 and $305. 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 under $500, the fee is $23.80. Fees go up each year and a list of QCAT filing fees is available on the QCAT website.

If cost is a problem you can apply to QCAT for a waiver of the application fee. A form is available on the QCAT website. When seeking a waiver of the filing fee you will need to include evidence of your low income and financial hardship, such as a copy of a current pension card, health care card or Centrelink letter.

If you cannot attend in person

Generally all parties involved in a matter before QCAT must represent themselves. However if you are unable to represent yourself (eg: due to illness, disability etc) or are unable to attend the hearing in person (eg: you have moved overseas or are in hospital or prison) you can nominate someone to attend the hearing and act on your behalf, or can apply to QCAT to attend the hearing by telephone.

Can someone represent you?

If you want to be represented by someone else you must seek permission from QCAT by filling in a QCAT Application for leave to be represented form available on the QCAT website. QCAT may or may not agree you can be represented.

The person you appoint as your representative should have a good knowledge of your matter and copies of your evidence. You will need to provide the person with a signed letter from you saying you have authorised them to act on your behalf in relation to the tenancy matter.

Prepare an affidavit statement

If you are not attending in person it is a good idea to provide your evidence to QCAT in the form of a sworn Affidavit statement signed by a JP. This ensures your statement can be considered as evidence during the hearing. The QCAT website has a sample affidavit form.

Attend the hearing by telephone

If you cannot attend the hearing in person (eg: because you have moved interstate or overseas) you could apply to QCAT to attend the hearing by telephone. The QCAT website has an application form you can use to apply to attend a hearing via remote conferencing. Contact QCAT to arrange this.

If you attend a QCAT hearing by telephone you should also arrange to mail copies of your documents, affidavit statements, or other evidence to QCAT before the hearing, so these documents can be attached to the file and considered by the QCAT adjudicator during the hearing.

Tribunal Decisions

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 decisions be changed?

In some circumstances you can use an Application for reopening, correction, renewal or amendment form to apply to QCAT to have the matter re-heard, or to seek changes to the order.

You can apply for a reopening, correction, or renewal if you were not given an opportunity to attend the hearing (eg: did not get the hearing notice, or were otherwise unable to attend), if new evidence has come to light that was not available at the original hearing, or if a mistake was made on the order that needs to be corrected.

How to apply

The QCAT application for interim order or injunction form is available on the QCAT website. You will need to fill in and lodge this form with QCAT when you lodge your application for a reopening.

Reopening

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.

Correction

  • 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.

Renewal

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

Reopenings

To apply for a reopening, renewal or correction you must lodge this form at the Tribunal within 28 days of the original decision. You may need to pay a filing fee which will be the same as the fee for the original hearing.

You may need to attach an affidavit, or other evidence, to support your reason for the application. For example if you were unable to attend a hearing because you were in hospital, you could attach a copy of your hospital admission form, or a letter from your doctor.

It is also useful to let the Tribunal know if you have evidence that could lead to the tribunal making a different decision if the matter is reopened.

For example, if you have rent receipts to show your rent was up-to-date but you were unable to attend the original hearing and present this evidence your reopening application can state this. You can point out that if your reopening request is granted and the Tribunal hears the matter again the Tribunal will be able to see your evidence and may make a different order.

It is up to QCAT to decide whether or not to agree with your request for a Reopening.

Interim orders

If an order was made at the original hearing, and you are applying for a reopening of the matter, you may need to also apply to QCAT for an interim order or injunction to stop the original order being enforced, until after QCAT makes a decision about the reopening.

Need help?

If you need help to apply to the Tribunal, or to respond to a Tribunal matter, contact the Queensland Statewide Tenant Advice and Referral Service (QSTARS) on 1300 744 263.

Can you appeal?

There are very limited grounds under which you can appeal a QCAT Minor Civil Dispute decision. You cannot appeal a QCAT decision just because you are unhappy with the decision that was made, or because you want another opportunity to present your evidence.

Reasons you can appeal

To appeal a tenancy matter you need evidence to show that QCAT made an error in fact or an error in law when they made their decision, or need evidence there was a denial or natural justice or procedural fairness when the decision was made.

Seeking leave to appeal

To appeal a tenancy matter you must apply to QCAT using an Application for leave to appeal or appeal form and seek leave to appeal (permission). It is up to QCAT to decide if you have sufficient evidence to appeal the decision.

If seeking leave to appeal you must lodge your application within 28 days of either receiving written reasons for the decision, or if you applied for a reopening, correction, renewal or amendment, within 28 days of the day your application was finally dealt with.

To appeal a QCAT decision you will need compelling evidence to justify your application that:
  • QCAT has made an error of fact or an error of law in deciding the matter, or
  • QCAT did not provide you with procedural fairness or natural justice in the way the matter was heard.

Apply for written decision or recording

All QCAT hearings are recorded. To appeal a QCAT decision it is advisable to obtain a copy of the recording of your QCAT hearing and refer to this recording or transcript when lodging your Application for Leave to Appeal or Appeal.

To obtain a transcript or recording of the whole hearing, or just the reasons and the final decision, you must apply to QCAT within 14 days of the original hearing. An application form is available on their website. Some costs may apply.

Costs to file appeal

When lodging your Application for Leave to Appeal or Appeal with QCAT you will need to pay a filing fee of between $305 and $610 (depending on the value of the original claim). Fees  may change each year. See the QCAT website for information about fees and the application process at http://www.qcat.qld.gov.au/applications/lodging-your-application-and-forms

If cost is a problem you can apply to QCAT for a waiver of the application fee. Complete and lodge Form 49 – Application for waiver of fees by reason of financial hardship . This form is available on the QCAT website. When seeking a waiver of the filing fee you will need to include evidence of your low income and financial hardship, such as a copy of a current pension card or health care card.

Apply for a stay of original decision

If QCAT made an order, and you are appealing this decision, you may also need to apply for a stay of the original decision. A stay can stop the original order taking effect before your appeal application is decided.

A QCAT form 44 application for a stay of a decision is available on the QCAT website at http://www.qcat.qld.gov.au/using-qcat/forms

If your appeal is granted

QCAT will only grant an appeal application if your evidence clearly shows that QCAT made an error of fact or an error of law when the original matter was decided, or your evidence shows there was a lack of procedural fairness.

If your appeal application is granted the original order may be set aside or changed, or the matter may be referred back to QCAT for a new hearing.

Should you appeal?

It is costly and time consuming to appeal a QCAT decision and QCAT appeal applications are rarely successful. It can also take many months for QCAT to decide your application.

Consider whether or not the money and time you spend on an application is worthwhile and whether or not you are likely to benefit from appealing a QCAT decision.

Need more information

QCAT publishes appeal decisions online on the Supreme Court website at www.sclqld.org.au/qcat . You can search this website for QCAT tenancy matters. Reading comments and decisions from previous QCAT appeals can give you some indication of how QCAT decides appeal matters.

The QCAT website has information about appealing Minor Civil Dispute decisions at http://www.qcat.qld.gov.au/qcat-decisions/appeals-in-minor-civil-disputes

The Qld Public Interest Law Clearing House (QPILCH) also has online information about QCAT appeal procedures at http://www.qpilch.org.au/resources/factsheets Appealing_a_QCAT_decision_to_the_QCAT_Appeal_Tribunal_or_Queensland_Court_of_Appeal.htm