Evidence Checklist for the ACT Civil & Administrative Tribunal

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So, you are going to the Tribunal...

Being prepared is the key to making the best case possible.

You need to know what you need to support your case.

 

This factsheet outlines the forms of evidence you will need to support your application to the Tribunal or to support your defence of an application made by
the landlord. Please note that all examples given are simply that - examples of particular evidence that would be useful in particular situations.
It is essential that your particular evidence is accurate and truthful to the best of your knowledge.

General – all applicants:

  • Copy of your Residential Tenancy Agreement (lease);
  • Copies of all correspondence between landlord (or real estate agent) and yourself;
  • Copy of condition report from the beginning of the tenancy; and, if relevant, copies of any inspection reports, including final inspection report if the tenancy has ended;
  • A written chronology of phone calls and events related to the issues raised in the application;
  • Statutory declarations giving the evidence of any persons whose knowledge of the situation supports your application;
  • If you cannot attend:  a doctor’s letter; or copy of travel document and statement of necessity for travel; and /or letter authorising another party to represent you.

The following outlines the kinds of evidence required for specific applications and defences.

 

APPLYING FOR EARLY TERMINATION

If you are in need of an order terminating the agreement early you must convince the Tribunal that your reason is serious enough to justify early termination.

If the reason for your application is hardship:

  • Financial
  • Income details
  • Bank statements
  • Outstanding bills or other debts owed
  • Medical
  • If relevant, doctor’s letter stating medical conditions and how these are affected by this tenancy, or similar letter from social worker, counsellor or other professional who has knowledge of your situation
  • Work
  • Letter terminating employment
  • Letter advising of interstate transfer
  • If the reason for your application is a

Breach by the landlord:

Evidence of the breach - for example,

  • a report from an electrician stating that the wiring is dangerous;
  • or a witness statement that the landlord let himself into your house while you were out;
  • or a statement from a locksmith that the front door lock does not work;

Evidence of why the breach is serious enough that you need to end the tenancy - for example,

  • letter from a relevant professional stating how the invasion of your privacy or the threatton your security has affected you;
  • or a police report of a break-in;
  • or a doctor’s letter stating that the lack of heating has had a seriously adverse effect on your health;
  • Photographs that identify the premises, the problem and, if relevant, the date.

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au