News in brief: Dispute resolution

Dec 2016

The RTA encourages caravan park managers and tenants to resolve their disagreements early, before issues turn into disputes.

However, if there is a dispute, try to resolve it with the tenant directly. If this does not work, the RTA’s dispute resolution service may be able to help. If it remains unresolved you may be able to take the matter to the Queensland Civil and Administrative Tribunal (QCAT).

Step 1 – self resolution

  • Identify issues – work out what is important and what is negotiable
  • Find out your legal rights and responsibilities. General renting rules for caravan park managers are:
  • Talk to the other person and try to negotiate an agreed outcome
  • If agreement is reached, make sure it is in writing and signed by both you and the tenant
  • Ensure tenants have access to advocacy so they understand their responsibilities and the dispute resolution process. Queensland Statewide Tenant Advice and Referral Service (QSTARS) offers free advice for tenants, phone 1300 744 263.

Step 2 – RTA’s dispute resolution service

The RTA offers a free and confidential conciliation service that can help tenants and caravan park managers resolve disputes quickly and without the need for further legal action. Conciliation is an opportunity to present concerns, listen to the other person and to settle a dispute through mutual agreement.

Step 3 – application to QCAT

When a dispute has not been resolved through dispute resolution, or if the dispute is defined as ‘urgent’ under the Act, either you or the tenant can apply to QCAT for a decision (time limits may apply). An adjudicator will hear the matter and make a ruling based on the evidence provided. The decision is binding.