APPLICATION TO DIRECTOR
Within two years of the end of a rental agreement, a landlord or tenant can apply to the Director to determine if the rental agreement or Residential Tenancies Act breached.
A form and fee prescribed by the Minister must be submitted to the Director with applications. When an application is made, it must be served on the other parties with a copy of the application either personally, by registered mail, or by courier service or express post.
However, the Director can refuse or dismiss an application at any time if the matter is found to be trivial, frivolous, vexatious, or not made in good faith. An order stating this refusal or dismissal may then be issued.
Applicants may withdraw an application before an order is issued.
If an application is not dismissed, there are two possible outcomes:
- The parties are scheduled to attend mediation to attempt to settle the matter. If the matter is settled, the parties must sign a binding agreement which must be followed. This cannot be appealed.
- If no agreement is made, the parties may give evidence at a hearing before the adjudicator. Both a landlord and tenant have the right to represent themselves or be represented by a lawyer at any stage of the proceedings.