For anyone interested in getting your resi dispute resolved without going to the tribunal.
New 'service' from Fair Trading NSW: Free Tenancy Dispute Service
New 'service' from Fair Trading NSW: Free Tenancy Dispute Service
New free tenancy dispute service starts on 1 December
- Thread starter Scott No Mates
- Start date
Without any details about how its run, I'm a little sceptical about how likely it is that a matter will settle.
Why would it be any more effective than the initial hearing dates at tribunal?
In my experience, matters aren't generally likely to settle unless both parties are properly advised.
Why would it be any more effective than the initial hearing dates at tribunal?
In my experience, matters aren't generally likely to settle unless both parties are properly advised.
If you care to read the details on the Dept fair Trading website then you wouldnt have said this.
The basis of this service is to provide advice only to BOTH parties to help them come to terms with their problem and resolve it. I would have thought receiving advice from the ruling body would amount to being "properly advised".
I hope you mean Property Manager and not Prime Minister. Otherwise this could be a veeeery long thread.
I'd suggest that a stronger word than dopey was used. But then we can't use those words in here.
If you care to read the details on the Dept fair Trading website then you wouldnt have said this.
The basis of this service is to provide advice only to BOTH parties to help them come to terms with their problem and resolve it. I would have thought receiving advice from the ruling body would amount to being "properly advised".
Would you trust advice from a body that was also giving advice to the other side at the same time? Especially if their advice was that they disagreed with your position?
There's a reason lawyers aren't allowed to do that.
From past experience at the CTTT, if both parties are present, the member will require the parties to go into a room with a mediator to resolve the matter before hearing anything.
After 20 minutes or so, they come back with a binding agreement.
After 20 minutes or so, they come back with a binding agreement.
Once again, you need to read what they are offering and get your head out of the sand.
There is no matter of trust required or agreeing/disagreeing with anyone's position. It's all about bringing together both parties, advising the rules as they are written and attempting to bring a mediated outcome. If that fails then it's off to the CTTT.
I have a picture in my head of the mediator being a member of a Queensland bikers club.
...are you serious? I resolve tenancy disputes for a living and on a daily basis.
That's a lovely, feel-good mission statement for any alternative dispute resolution process. Unfortunately, the reality is that by the time matters like these go to court, and a preliminary discussions at court/tribunal cannot settle it.
As a contrast to an effective dispute resolution service, there are now a number of family law services that offer each party access to their own legal advice or lawyer prior to the commencement of the mediation process.
Anecdotally, the settlement rate is something like 85% - which you can imagine once parties are properly advised of things such as the strength of their case, the costs/risks in proceeding with litigation, and possible "without prejudice" settlement options.
Yep, what happened with us.
Although it was spent with us outlining our case, and the CTTT mediator looking at the property manager in an incredulous fashion and going "really? That's what the issue is? Give them back their bond and read the Act before you come in here again."
A system that could be implemented prior to the CTTT itself might be more time effective. I shudder to think how much they invoiced the poor landlord for a fight they never should have begun.
The link is there for reference. It has nothing to do with what you do on a daily basis.
It's the new Tenancy service for NSW. For both Landlords and tenants.
Ideo has just provided an example of how it would save time and ease the line up at the CTTT.
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I view it like the on site mediation for Land and Environment Court matters.
Get the parties on site, run through the issues, see if you can come to an understanding/broker a compromise.
In matters where one side is completely wrong, they are told. Otherwise a mediator/commissioner is there to act as referee and to ensure the law is followed.
As long as these kind of things are available state wide, so access is equitable, then I think it will solve a lot of the delays in hearing matters.
There were some quite complex business disputes happening in our session at the CTTT, and three minor tenancy matters. The tenancy matters were all resolved in 10 minutes, and didn't really need to be there.
If a simpler, quicker process with less red tape is there, then I'm all for it.
Get the parties on site, run through the issues, see if you can come to an understanding/broker a compromise.
In matters where one side is completely wrong, they are told. Otherwise a mediator/commissioner is there to act as referee and to ensure the law is followed.
As long as these kind of things are available state wide, so access is equitable, then I think it will solve a lot of the delays in hearing matters.
There were some quite complex business disputes happening in our session at the CTTT, and three minor tenancy matters. The tenancy matters were all resolved in 10 minutes, and didn't really need to be there.
If a simpler, quicker process with less red tape is there, then I'm all for it.
Well that is what this service is all about.
Thankyou Ideo for seeing this for what it actually is.
I feel it will be a very good service not only for tenants, but Landlords too.
Too many smart alec tenants think they can manipulate the act with their tactics.
Lets see them get away with it during mediation.
Rules are rules and I see this service as a way to make sure the rules are known in no uncertain manner. Both sides!
When the two parties return to the hearing room, the magistrate will ask if they have come to an agreement and will then issue orders. Saves alot of time and frustration.
