The First Consumer Trader and Tenancy Tribunal Hearing
At the first hearing, the tribunal member will ask you and the landlord/agent to try to negotiate an agreement (conciliation). Sometimes a conciliator
will help you, but often it will be just you and the landlord/agent. Do not feel pressured into agreeing to something unfair. If an agreement is made, the conciliator or tribunal member will write an order with your agreement – this ends the matter. If you and the landlord/agent cannot agree during conciliation, you have the right to have your case heard by a tribunal member. The Consumer Trader and Tenancy Tribunal may hear your matter on the same day or set it to be heard on another day.
During a hearing
In an ‘informal’ hearing, the tribunal member will listen to you, the landlord, your representative (if any), and the landlord’s representative (if any). They will look at
any documents, photos or other evidence, and will ask questions. They will then make a decision about the case – known as orders. If the case is more complex, or either side wants to bring witnesses, a ‘formal’ hearing may be held. The case will be run more like a court, with evidence usually given on oath or affirmation. The tribunal member will usually ask the applicant (the person who lodged the application) to present their case first, then ask the other side to respond. Be aware that it is an offence to mislead the Consumer Trader and Tenancy Tribunal.
Notice of orders and reasons
The Consumer Trader and Tenancy Tribunal will post you a notice of orders. If you want the reasons for the orders, write to the Consumer Trader and Tenancy Tribunal Registrar within 14 days of getting the notice of orders.
Money orders can be enforced through the Local Court. That process is started with a certified money order from the Consumer Trader and Tenancy Tribunal Registrar.
Information supplied courtesy of the Tenants Union of NSW
Further information and advice for NSW tenants can be sourced from www.tenants.org.au