Landlord Tenant Dispute in Australia — How to Resolve It | Claim Done
Landlord Tenant Dispute in Australia — How to Resolve It
Landlord and tenant disputes are among the most common civil disputes in Australia. Whether you are a landlord or a tenant, understanding the process — and your rights — is the first step to a resolution.
Common landlord-tenant disputes
- Bond not returned — landlord has withheld all or part of the bond without justification
- Rent arrears — tenant has not paid rent according to the lease
- Property damage — damage beyond fair wear and tear
- Repairs not carried out — landlord refuses to fix urgent or non-urgent maintenance issues
- Illegal entry — landlord entering the property without the required notice
- Lease end disputes — disagreement about end-of-lease condition report
Applicable legislation by state
| State | Tenancy legislation | Tribunal |
|---|---|---|
| NSW | Residential Tenancies Act 2010 | NCAT |
| VIC | Residential Tenancies Act 1997 | VCAT |
| QLD | Residential Tenancies and Rooming Accommodation Act 2008 | QCAT |
| WA | Residential Tenancies Act 1987 | Magistrates Court / SAT |
| SA | Residential Tenancies Act 1995 | SACAT |
| ACT | Residential Tenancies Act 1997 | ACAT |
| TAS | Residential Tenancy Act 1997 | Magistrates Court |
| NT | Residential Tenancies Act 1999 | NTCAT |
How to resolve a landlord-tenant dispute
Step 1: Send a formal letter of demand
Whether you are a landlord seeking rent or a tenant demanding bond back, a formal letter citing the relevant tenancy act is the first step. It is required before a tribunal application and often resolves the dispute without any further action.
Step 2: File a tribunal application
If the letter is ignored, file a claim with the relevant state tribunal. Most tenancy claims are handled promptly — tribunal hearings for tenancy matters are typically scheduled within 2–6 weeks.
For bond disputes specifically
In most states, rental bonds are held by a government authority (e.g. NSW Fair Trading, RTBA in VIC). Either party can apply for bond disbursement through the relevant authority or directly to the tribunal.
How Claim Done helps with tenancy disputes
Claim Done generates a letter of demand for tenancy disputes — citing the applicable state tenancy legislation, stating the exact claim, and delivering it to the other party. For landlords chasing rent arrears and for tenants chasing bond returns.
Start your letter of demand — $97
Tribunal process for tenancy disputes
Each state has a specific tribunal for tenancy disputes:
| State | Tribunal | Tenancy division |
|---|---|---|
| NSW | NCAT | Consumer and Commercial Division |
| Victoria | VCAT | Residential Tenancies List |
| Queensland | QCAT | Minor Civil Disputes — Tenancy |
| Western Australia | Magistrates Court | Tenancy Disputes — Residential Tenancies Act |
| South Australia | SACAT | Tenancy Tribunal |
| ACT | ACAT | Civil and Administrative Tribunal |
| Tasmania | Magistrates Court | Residential Tenancy Commissioner |
| Northern Territory | NTCAT | Residential Tenancies |
Bond dispute: what to expect
- The landlord has a limited time (varies by state, typically 14 days) to claim bond after you vacate
- If they do not lodge a claim, you apply for release through the bond authority
- If they lodge a claim you dispute, you file with the relevant tribunal
- The tribunal will hear from both sides — bring your condition report, photos, and lease agreement
- The tribunal decides how the bond is split
Urgent applications — illegal eviction and rent increases
Some tenancy matters can be heard urgently (within 2–5 business days). Illegal lockouts, utility cut-offs, and unlawful rent increases typically qualify for urgent hearing in most states. Contact your state tribunal to request urgent listing.
How Claim Done helps with tenancy disputes
- Letter of demand — formal demand for bond refund, repair completion, or rent repayment ($97)
- Tribunal application — complete application for your state's tenancy tribunal ($197)
- Witness statement — structured factual statement for your hearing ($147)