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DISPUTE RESOLUTION PROCESSES IN TASMANIA. Jenny Forrest Private Rental Support Service Anglicare Tasmania Inc. j.forrest@anglicare-tas.org.au. Magistrates Court Process. Disputes during a tenancy. Time from application to resolution. problem for landlords problem for tenants

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dispute resolution processes in tasmania
DISPUTE RESOLUTION PROCESSES IN TASMANIA

Jenny Forrest

Private Rental Support Service

Anglicare Tasmania Inc.

j.forrest@anglicare-tas.org.au

magistrates court process
Magistrates Court Process
  • Disputes during a tenancy.
  • Time from application to resolution.

problem for landlords

problem for tenants

  • Fundamental premise of equal access.
issues for sometenants
Issues for SomeTenants
  • Unaware the option is available to them
  • Feel intimidated by ‘court’
  • Feel intimidated by the landlord
  • Feel overwhelmed and powerless
  • Lack financial and personal resources
  • Literacy and form filling difficulties
  • Record keeping
  • Can be easier to leave
  • Finding another property
  • Fear
an alternative to the magistrate s court
An Alternative to theMagistrate’s Court
  • Establish a Mediation Service

. more prompt/responsive than Court

. less formal, simplified access

. Appropriate, non-aggressive conversation

. safe

. points of legality explained

  • Good potential for resolution at this stage.
  • If resolution is not reached, the service refers to …
caft residential tenancy team
CAFT Residential Tenancy Team
  • Investigate/inspect.
  • Power to issue orders.
  • If non-compliant, CAFT team would refer matter to an expanded ORTC.
  • ORTC process expedited by CAFT report.
  • ORTC issues appropriate enforceable determination.
  • Ensure consistency in decisions.
bond disputes
Bond Disputes
  • Pre RDA – has to be tenant instigated with ORTC
  • Some bonds still held by landlords.

. Same ‘instigation’ issues for tenants.

      • Tenant has to be aware of dispute.
  • Post RDA – automatic transition to ORTC

. lack knowledge of how it works

. changes of contact details

. still the issue of records

awareness
Awareness

Agents have

. around 14,000 residential properties

.the REIT

. day to day professional involvement

. experience and expertise

awareness1
Awareness

Owner managers

  • have around 20,000 residential properties
  • have occasional involvement in processes
  • are not currently all registered/contactable en masse (RDA?)
  • have to be pro-active finding information
  • are not all aware of processes and responsibilities
awareness2
Awareness

Tenants

  • have to be proactive in seeking information
  • some have limited access to information (IT skills, access to equipment).
  • some have difficulty taking in information from lengthy written material.
  • are not currently all registered/contactable en masse (RDA?)
community education
Community Education?
  • ‘Being a Landlord’
  • ‘Being a tenant’
  • Use a variety of media
  • Cater for a variety of learning styles.
  • Layers of information.
  • Take information to the community as well as providing information that people hunt out.
summary
Summary
  • We have dispute resolution processes that are available to all but not used by all.
  • We could make the processes more accessible and less formal in the initial stages of landlord/tenant dissatisfactions with each other.
  • We could assist parties to communicate appropriately and defuse animosity early.
  • We could improve landlord and tenant knowledge of processes, and the rights and responsibilities of each.
  • We could take information to the community in a variety of forms.
  • We could register and inspect properties.
  • We could ensure that all bonds are held by RDA asap.