If you are a residential tenant, landlord, agent, you live in a caravan, or rent a room under a rooming accommodation agreement, you may at some point face a residential tenancy dispute. Residential tenancies in Queensland are disagreements that arise regarding an accommodation agreement such as a residential tenancy agreement or a rooming accommodation agreement. Tenants and lessors in Queensland are given rights under the Residential Tenancies and Rooming Accommodation Act 2008.
If a tenant or lessor believes any of their rights under this Act has been breached by the other party, they may have a cause of action. Common disputes which arise in residential tenancies in Queensland involve payment or non-payment of rent, rental bond, service charges, maintenance and repairs, entry to the premises (including for inspection), termination of the lease, sub-letting, standard of premises, caravan issues, and rooming accommodation agreements.
There are various time limits for applying to QCAT depending on what your Residential tenancies in Queensland dispute is about. The QCAT website includes such time limits, as does the Residential Tenancies and Rooming Accommodation Act 2008. If you are within the time limit, you will need to lodge a Form 2 – Application for minor civil dispute – residential tenancy dispute with QCAT. Once you have done this, you must advise the RTA within seven days. The party you have made your application against then has the opportunity to make a counterclaim against you using a Form 8 – Minor civil dispute – counter application.
If so, QCAT may join the matters and hear them together. QCAT will then determine a hearing date for the residential tenancies matter.