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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. Disputes during a tenancy. Time from application to resolution. problem for landlords problem for tenants

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DISPUTE RESOLUTION PROCESSES IN TASMANIA

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  1. DISPUTE RESOLUTION PROCESSES IN TASMANIA Jenny Forrest Private Rental Support Service Anglicare Tasmania Inc. j.forrest@anglicare-tas.org.au

  2. Magistrates Court Process • Disputes during a tenancy. • Time from application to resolution. problem for landlords problem for tenants • Fundamental premise of equal access.

  3. 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

  4. 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 …

  5. 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.

  6. 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

  7. Awareness Agents have . around 14,000 residential properties .the REIT . day to day professional involvement . experience and expertise

  8. 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

  9. 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?)

  10. 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.

  11. 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.

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