Tenancy Disputes

The unfortunate circumstance of a Tenancy Dispute arising can happen very unexpectedly. The nature of a Property Managers existence is that essentially our role within the industry exists as the relationship between a Landlord and Tenant is one that at times, can be a little volatile. 

A dispute is defined as an argument or disagreement between people or groups. Often there can be a disagreement within a tenancy because what the landlord expects the tenant to be responsible for differs to that of what the tenant feels they are responsible for (and vice versa).

The most likely opportunity of a dispute arising within a tenancy is typically in the following instances:

• When a tenant falls behind in rent; or
• When the owner may not address maintenance at a property; or
• When a tenant vacates the property and there is remedial work required to bring the property back to the correct standard (as per the Ingoing Condition Report)

That's not to say that a dispute won't arise in other elements of a tenancy but the above is probably the most likely instances.

Your role within a dispute issue

As the real estate agent and property manager it is your responsibility to ensure that both parties are made aware of their obligations and their rights. It is not up to you to be a decision maker nor the person that dictates how each party should be addressing the issue at hand.

Generally, the tenancy law will outline the general obligations of both the landlord and tenant and you should ensure that any advice or guidance you are providing to either party is always in line with what the tenancy law sets out as well as any other terms of the tenancy agreement that may impact the situation.

Hints & tips to mediating and resolving disputes

• Don't be personal in your opinions, advice or guidance to either party
• Stay calm and level headed. Respectfully, your personal opinion of the matter shouldn't be contributed to the dispute. Providing personal opinions can only escalate an issue
• Remember your role as the agent and who you are appointed by. This is the property owner and landlord. This is who you work for any who's lawful instructions you must follow
• Talk factually about what the tenancy law and tenancy agreement outlines as their obligations and rights
• Use FACTS to mediate between both parties and remove personal opinion from any comments you make
• Don't use phrases like
  • I think you should...
  • I feel you need to consider...
  • What you are doing is illegal.
• Don't speak outside your area of expertise
  • You cannot provide legal advice so don't use the words legal or illegal or the like. 
  • Reference the tenancy law and the agreement
    • e.g. the obligations of you as the Lessor under the Tenancy Agreement are...
• Where possible, use professional and trade knowledge and advice to determine who may be responsible. Remember you are not a plumber, an electrician or anything of the like. Use their qualifications and get them to provide a statement as to what has caused damage to a property or what has caused the issue.
• Include ALL parties in the communication. If there is more than 1 tenant in the dispute (e.g. a couple of a group of housemates) make sure your correspondence is sent to ALL of them, not just the spokesperson. That way there is no misunderstanding amongst the parties
• Pick the phone up and chat with the landlord and tenant involved in the dispute THEN follow it up in writing as a confirmation
• Always get instructions and direction to act in writing. Even if you have had a phone call, make sure the instruction is confirmed in writing
• Create time frames for responses and outcomes. Don't leave correspondence and requests for information open ended. Be reasonable in your time frames and also be mindful of any legislative impact when it comes to timelines. If disputes have escalated to involve the relevant tenancy authority or tribunals there may be deadlines that you have to work with