Application process - residential tenancy disputes

Application process for lodging Residential tenancy disputes with QCAT.

Changes to Residential Tenancy Disputes

The COVID-19 Emergency Response and Other Legislation Amendment Bill 2021 was passed on 20 April 2021. It amends the COVID-19 Emergency Response Act 2020 to make the expiry date of COVID-19 legislation as 30 September 2021, as opposed to 30 April 2021. This means that those COVID-19 arrangements currently in place as a result of the COVID-19 Emergency Response Act 2020 have been extended until 30 September 2021.

Protections that continue to apply until 30 September 2021, include:

  • provisions allowing tenants experiencing domestic and family violence to end their tenancies quickly;
  • protections for tenants against being listed in a tenancy database for rent arrears caused by COVID-19 impacts;
  • limits on re-letting costs for eligible tenants who end their fixed term lease early;
  • short term tenancy statement extensions for moveable dwellings;
  • entry restrictions and requirements to support COVID-19 social distancing measures;
  • relaxed repair and maintenance obligations.

Further information can be found on the Residential Tenancies Authority, by phoning 1300 366 311 between 8.30am and 5pm Monday to Friday, or by visiting their website at rta.qld.gov.au.

Alternatively, you can visit the Queensland Government’s Residential Rental Hub, which is available online at www.covid19.qld.gov.au/the-hub.

Before you make an application

Please ensure you have read the residential tenancy disputes page which outlines the steps required prior to making an application to QCAT.

An application checklist is included as part of the form to help ensure the correct application form and procedures have been used ahead of submitting your application.

Completing an application form

Complete and lodge Form 2 - Application for minor civil dispute - residential tenancy dispute (PDF, 1.0 MB) and any other supporting documents.

OR

Complete and lodge Form 2 - Application for minor civil dispute - residential tenancy dispute (PDF, 1.0 MB) if QCAT has terminated the lease, the tenants have left the property and you wish to claim compensation.

If your dispute is a non-urgent dispute, including a rental bond dispute, you must also provide QCAT with a copy of the Notice of Unresolved Dispute provided to you by the RTA if you were unable to reach an agreement during conciliation.

If a mobile phone number is provided, QCAT will send you a text message with your case number and confirmation we have received your Form 2 - Application for minor civil dispute – residential tenancy dispute.

If you don't want personal information available to the public or other party

Personal information may include your address or phone number. You can apply for a non-publication order by submitting Form 40 - Application for miscellaneous matters.

What you must do after you make an application

You must:

  • advise the RTA that you have applied to QCAT within seven days or within the time period nominated by the RTA in the Notice of Unresolved Dispute. You need to do this to make sure the RTA does not pay the bond out
  • give the RTA a copy of the receipt from QCAT confirming you have lodged your application. QCAT will give a copy of the application to the other party.

What happens next

Once your application and forms are processed by QCAT, all parties will receive a notice to attend a hearing including the date, time and location of the hearing.

Counter-applications

You do not have to make a counter-application if a claim is lodged against you. You may lodge evidence or submissions in writing that you wish the Tribunal to consider at a hearing.

However, if you are seeking an amount of money or an alternative order to be made against the applicant then you need to lodge a counter-application.

To make a counter application against the original application, complete and lodge Form 8 - Minor civil dispute - counter application (PDF, 590.3 KB) together with payment of the filing fee.

You must give a sealed copy of the counter-application to each party in the proceeding.

Joining applications

All parties involved in a residential tenancy dispute can make separate applications against the other party/parties in relation to the same agreement. For example, a tenant may lodge an application to claim the bond and the landlord may lodge their own application to claim compensation.

Where this occurs, the separate applications may be joined by the Tribunal. This means the claims may be heard and decided together. You must include the claim number/s for any other related claims on your application form.

Getting your bond money back

If QCAT’s decision involves the distribution of bond money, QCAT will give the RTA the details of the decision so they can distribute the money accordingly.