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The ACT Civil and Administrative Tribunal (ACAT) commenced on 2 February 2009. Previously, residential tenancy disputes were determined in the Residential Tenancies Tribunal.

JURISDICTION

The ACT Civil and Administrative Tribunal is an independent body, which has exclusive jurisdiction to hear and determine all matters arising from private and public residential tenancy and occupancy agreements under the Residential Tenancies Act 1997 (the Act).

CONSTITUTION OF THE ACAT

The membership of the ACAT consists of the General President, Appeal President, Presidential Member and a number of sessional non-presidential Members. All members are appointed by the Attorney General.

TYPES OF RESIDENTIAL TENANCY APPLICATIONS

There are two types of applications a person may make to the ACAT about residential tenancy matters.

1. Application for Endorsement

An application for endorsement of additional or inconsistent terms to a lease should be lodged when a lessor (or their agent) and a tenant enter into a new tenancy agreement and the parties agree to additional terms being included in the agreement that are inconsistent with the “prescribed terms”. The “prescribed terms” is a schedule included at the end of the Residential Tenancies Act 1997. It contains 100 standard terms that should be included in all leases in the ACT. (Examples of clauses that need to be endorsed include Defence Posting Clauses and No Pet Clauses).

Where the ACAT has not endorsed an inconsistent term, it cannot be relied upon in any hearing before the ACAT.

A copy of the proposed lease, the “prescribed terms” and proposed additional clause should accompany lodgement of an application for endorsement. An application for endorsement does not attract a filing fee. Applications are generally decided on the papers included in the application – if more information is required, the Tribunal will inform the parties in writing.
It should be noted that an application for endorsement must be agreed to and signed by both the lessor and the tenant/s. Any evidence indicating fraud or undue influence may render the application void.

2. Applications for the Resolution of a Dispute

A dispute arising out of a Residential Tenancies Agreement can be lodged with the ACAT by either the landlord or the tenant. Examples of some applications commonly sought include applications:

• by a tenant for the termination of a tenancy agreement;
• by a lessor for a termination and possession order;
• by a lessor for an order for the payment of rent arrears;
• by a tenant for a stay of an eviction;
• by a tenant for an order for compensation and/or reinstatement for wrongful eviction;
• by a lessor for an order for compensation where a tenant abandons a premises before a fixed term tenancy agreement expires;
• by either party for a review of a rental rate increase;
• by a tenant for a reduction in the rental rate payable and reimbursement of the rent paid.

An application may be, but is not limited to, the disputes referred to above.

If you need legal advice regarding Tenancy Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Tenancy Law lawyer nearest you, who can help you with Tenancy Law.

MORE INFORMATION ABOUT APPLICATIONS

All applications are subject to a filing fee. The size of the fee depends on the nature of the dispute. Information about fees is available on the ACAT website or at the ACAT.

A kit providing all the information and forms necessary to lodge an application, is available at the ACAT. An electronic copy is available on the ACAT website or can be obtained by email from the ACAT staff.

Upon receipt of an application, the Registrar will assess the best way to process the matter. It may be the matter is referred for mediation, or alternatively, be set down for hearing before a Registrar or ACAT member. In any event, the ACAT will endeavour to resolve the dispute within 14 days of service of the application on the other party.

Written notice of the process adopted will be sent to each party as soon as possible after lodgement. The notice will also include the date and time and location set for the conference or hearing. A full copy of the application will be sent to both parties. Any confidential information should not be included with your application.

PRE-HEARING CONFERENCES
In appropriate cases, the Registrar may conduct a pre-hearing conference. The objective of the conference is to:
define and limit the relevant issued in dispute;

• ensure that the parties have used all their endeavours to resolve the dispute;
• actively assist the parties to resolve the dispute; and
• assess the time likely to be required for any hearing.
• If a consent agreement between the parties is reached at the conference, the terms of the agreement are lodged with the ACAT. If the matter is not resolved at the conference, the Registrar will then refer it to an ACAT member for consideration.

IMPORTANT NOTICE: Under section 55 of the ACT Civil and Administrative Tribunal Act 2008 the ACAT may, by order, make a decision in accordance with agreed terms without holding a hearing, or without completely dealing with an application at a hearing if a hearing has begun.
HEARINGS
Applications are listed for hearing depending on the issues in dispute. It is possible the matter will be listed for conference before a deputy registrar, or hearing before an ACAT Member or the Registrar. All hearings are recorded and parties will receive written notice advising the date, time and location of the hearing.

At hearing, the ACAT will invite the parties to add anything further to what they have already presented in their application or defence, and except in exceptional circumstances, proceed to hear and determine the matter there and then.

WHAT HAPPENS IF A PARTY FAILS TO ATTEND A PRE-HEARING CONFERENCE OR HEARING?
If a party to the dispute fails to attend a conference or hearing, the ACAT may:

• order that the matter be again set down for hearing;
• take such other steps before the conference/hearing proceeds, as the ACAT directs;
• adjourn the proceedings;
• if the party is the applicant - dismiss the application;
• if the party is the respondent - make orders in favour of the applicant.
• If both parties fail to appear, the ACAT may dismiss the application.

DO PARTIES HAVE TO BE LEGALLY REPRESENTED?

A person appearing at a hearing may be represented at the hearing by a legal practitioner or an agent, or they may appear on their own behalf.
IMPORTANT NOTICE: Costs are rarely awarded in the ACAT and usually only in cases where one side has caused an unreasonable obstruction or delay in proceedings.             

WHAT ARE THE OPTIONS IF A PARTY IS NOT REPRESENTED BUT IS UNABLE TO PHYSICALLY ATTEND THE PROCEEDINGS?
Where a party is unavailable to attend a conference or hearing, arrangements can be made for a teleconference. This is done by telephone hook-up. Parties should contact the ACAT prior to the conference or hearing to enable appropriate arrangements to be made.

PROCEDURAL POWERS & ORDERS OF THE TRIBUNAL

Procedural Powers of the ACAT
The ACAT has wide ranging powers. These are specified at Division 6.1 of the ACT Civil and Administrative Tribunal Act 2008. These powers include the power to make an interim order, if it believes the party applying for the interim order would suffer disadvantage or harm if the Order was not made.
Orders
The ACAT may make a variety of orders. Some orders which are commonly made include:
an order terminating a tenancy agreement;
an order granting a termination and possession order to have effect as a warrant of eviction;
an order for the payment of rent arrears;
an order for a stay of eviction;
an order for compensation and/or reinstatement for wrongful eviction;
an order for compensation where a tenant abandons a premises before a fixed term tenancy agreement expires;
an order accepting, declining or partly accepting a rental rate increase;
an order reducing the rental rate payable;
an order refunding rent already paid as compensation;
such other order as the ACAT considers appropriate.
IMPORTANT NOTICE: The ACAT shall give each party to a hearing written notice setting out the terms of any order made within 7 days of making such an order.

WHAT IF A PARTY FAILS TO COMPLY WITH AN ORDER OF THE TRIBUNAL?

A party can request written reasons for the decision of the ACAT within 14 days of the date of the order. A party to an ACAT hearing may appeal to the ACAT Appeal President on a question of law or fact from a decision of the ACAT in the first instance. Appeals must be instituted no later than 28 days after receipt of notice of the order, unless the Appeal President allows for an extension of time. Appeal forms are available from the ACAT website and from the Tribunal registry. A fee applies to applications for appeal.

IMPORTANT NOTICE: When written reasons for decision are requested from the ACAT, a copy of those reasons are posted in full on the ACAT website.

If you need legal advice regarding Tenancy Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Tenancy Law lawyer nearest you, who can help you with Tenancy Law.

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