Landlord/Tenant Problems

Are you having problems with your landlord or your tenant about any of the following unfair practices?

  • Overcrowding.
  • Hygiene matters.
  • Unacceptable living conditions.
  • Unfair rentals.
  • Lack of maintenance.
  • The changing of locks.
  • Non-refund of deposits.
  • Damage to property.
  • Demolitions and conversions.
  • Forced entry and obstruction of entry.
  • Intimidation.
  • Nuisances.
  • Issuing of receipts.
  • Tenant's committees.
  • Tenant's activities.
  • Non-payment of rent or municipal service accounts.

If you are having problems regarding any of the above, you may lodge a complaint with the Rental Housing Tribunal concerning the unfair practice.

What are the functions of the Tribunal?

  • Resolves complaints through conciliatory processes such as mediation and arbitration.
  • Offers advice on issues related to residential leases and rentals.
  • Provides education which is important for informing people about their rights and duties as parties in the rental sector.
  • Their Tribunal's services are free.

How do I lodge a complaint?

  • Complete the relevant forms available from the Rental Housing Tribunal.
  • The Rental Housing Tribunal will investigate the matter and find out what the problem is and try to resolve it amicably and as soon as possible.

What will the Rental Housing Tribunal do?

  • They will establish whether there is any dispute between the landlord and tenant.
  • They will try to resolve the matter through mediation - if the dispute cannot be resolved it should be referred to a hearing.
  • They will conduct a hearing, where the landlord and tenant will be summoned for hearing by the Tribunal.
  • A just and fair ruling will be made.
  • Where a mediation agreement has been concluded, make such an agreement a ruling of the Tribunal. This ruling is binding on both parties.
  • The Tribunal may make a ruling as to who pays whose costs.

What should happen after I have lodged a complaint?

  • After a complaint has been lodged with the Tribunal until the date of the ruling on the matter, the:
    • landlord may not evict the tenant;
    • tenant must continue to pay the rent; and
    • landlord must maintain the property.

Can I go to court instead of using the Rental Housing Tribunal?

Yes, to claim arrear rental or for eviction, but only if there is a dispute about an unfair practice.

Key.

  • EVICTION: to be forced out of your house by a court order.
  • NUISANCE: an act of annoying another person.
  • SUMMONSED: a notice to appear in Court at a certain date and time.
  • RENTAL HOUSING TRIBUNAL: a board of officials appointed to make a ruling on disputes concerning landlords and tenants.
  • LESSEE / TENANT: a person renting out a property from the landlord or lessor.
  • LESSOR / LANDLORD: a person who rents a room or property to a tenant or lessee.

How can Legal Eagle help you? 

  • If you do not understand the content of this brochure please seek the assistance of one of our Legal Counsellors.
  • If you are a tenant or lessee being evicted or being threatened with eviction, such problems are insured under the Legal Eagle policy.
  • However, should a landlord want to eject a tenant or lessee the matter is not insured under the Legal Eagle policy.