Heading To Your First Tribunal Hearing?

I was recently asked for some advice from a Property Manager about to attend their first Tribunal if I had any tips to help them out. It prompted me to share that advice with other Property Manager's who may need to overcome their nerves for that upcoming hearing.

Here are my tips:

• Make sure that you know the address of the location for the Hearing as well as other relevant information like, how you will be getting to the Hearing, the nearest public car park or public transport stop, especially if you are in the big cities.
• Ensure you have money with you for parking costs, if applicable to your area. Always obtain a receipt for the expense which is payable by the Landlord if the Management Authority specifies.
• Ensure that you have the copy of the Application form and originals of all supporting documentation ready to take with you.
• Ensure you have the copy of the Management Authority and the Tenancy Agreement relevant to the Claim with you as evidence of your appointment to represent the Landlord in the matter.
• Some states require an appointment letter from your principle to say you have the right to represent them at hearings.
• It is recommended for you to complete a timeline summary of facts as you remember them about the history leading to the dispute. This may have already been completed in preparing for the Hearing. If so, refer to the prepared documentation. This will ensure you will be able to clearly state your side of the dispute at the Hearing. This is when the importance of Diary notes becomes crystal clear!
• Depending on the location of the hearing, check the Daily Proceedings list on the website to locate your particular case and details of room number etc. Check the details and write it down to take with you or print the page applicable instead.
• Take a pen and paper and make notes during the Hearing.
• Dress appropriately – it is a Court of law. Professional attire is expected.
• Be prepared for a practical solution to the dispute rather than the perfect result. Discuss solution options ahead of the Hearing with the Landlord. Have a clear understanding of the Landlords’s preferred outcome as well as other options and alternatives the Landlord will accept if negotiation is required before a decision is made which may not favour the Landlord.
• Tell the truth at ALL times. Perjury laws still apply in the Tribunal and carry a hefty penalty.
• Ensure you have all the relevant paperwork and information you wish to take with you to the Hearing before you leave the office. It is strongly suggested that you have a clear list of events in chronological order as they occurred within the Tenancy.
• Leave the office to arrive at the Tribunal with plenty of time to spare. Arrive at least 15 minutes before the set Hearing time.
• When you arrive at the Tribunal check the electronic list board or list displayed and locate your name or case number and go to the room number allocated for the Hearing.
• You will be invited into the room when the person responsible for conducting the Hearing is ready.
• The Hearing may be conducted by a Tribunal Member, Adjudicator or Principal Registrar. The Tribunal representative will introduce themselves and ask all parties to introduce themselves.
• You may be asked in what capacity you have to appear on behalf of your Landlord. This is when you will notify the Hearing that you are appointed by the Landlord to act on their behalf and you have a copy of the Management Authority for the Hearing records. Ensure you have a copy of your Management Authority because generally once the document is submitted to the Tribunal it will remain with the file.
• If you are asked to give evidence, you may be asked to swear an oath on the Bible or affirm ie promise, to tell the truth.
• Do not approach the Tribunal Member. Should you have supporting information that you wish to present to the Hearing, the Hearing Support Officer will take this from you and pass onto the Tribunal Member. Please ensure you have copies for all parties including the Tenant.
• Remember to speak calmly and clearly and to the point when asked to speak or answer a question.
• Do not interrupt anyone when they are speaking – you should be given an opportunity to state your case or respond to claims or answer questions.
• Leave negative emotions and actions out of Tribunal. If you do not behave correctly, you may be thrown out of the Hearing and be punished for contempt of Court.
• It is important to have evidence of the amount of rent outstanding up to the date of the Hearing, if you are applying for a ‘Termination/Warrant of Possession’ on the grounds of rent arrears. The Tribunal may award the Landlord the amount of Bond held by the Bond Authority as part compensation to the Landlord.
• Write down the outcome to communicate the relevant information to the Landlord on return to the office.
• If the decision and, or, reasons for the decision/s are not clear to you at the close of the Hearing, or you can’t recall all the details, you will be able to obtain an audio recording and or transcript by ordering as required by the Agency or as requested by the Landlord. All decisions will usually be published. The Tribunal must give a reason either oral or written for all decisions. The provisions of reason is fundamental to ensuring that consistency and quality of decision making and to promoting public confidence in the delivery of justice.

I hope this list is helpful to a few of you out there and I wish you all the best with representing your clients.

Check out the Property Manager KNOWLEDGE centre for everything you need to know about Tribunal hearings and so much more.