Guides›By kind of matter

Tenancy, neighbours, strata Australia · check your court 4 min read

Renting and property

A landlord keeping the bond, a repair that never happens, an eviction notice, a fence, a tree, a body corporate, a co-owner who will not sell. These are state matters, mostly decided in tribunals where lawyers often need the tribunal's permission to appear (the rule differs between tribunals), and every state has a free tenancy service that knows the tribunal better than most solicitors.

Use this when

The dispute is about a home you rent, own or share, or the people next door.

Leave with

The tribunal, the free service for your state, the usual first step for each kind of property dispute, and the guides that fit an informal forum.

Verify with

A NSW tenancy and property litigation solicitor.

What is different about a property matter

  • The forum is informal by design. State civil and administrative tribunals hear most tenancy, strata and smaller property disputes. Hearings are short, evidence rules are relaxed, and the member will ask you questions directly. Preparation is mostly of documents, photographs and a clear account, rather than written submissions.
  • Notice periods and forms are strict even when the hearing is not. A termination notice with the wrong period can often be challenged, and a missed bond window sometimes has a later route (in NSW a bond application can be made within six months of the bond being paid out). Neither is automatic in either direction: find the rule in your state's tenancy law and ask the tenancy service what the challenge or extension route is.
  • Photographs, dated, are strong evidence. Condition reports, repair requests with dates, and pictures with timestamps carry a lot of weight in tenancy matters, alongside what you and any witnesses say. The chronology and retrieval guides are the core skill.
  • Neighbours are forever. Fence, tree and noise disputes have a free mediation service in most states, and fence and tree laws often set notice requirements that must be checked before a court step; the tribunal or court will often ask whether you tried mediation.
  • Co-ownership disputes are court matters. Forcing a sale of jointly owned property, or disputes between co-owners, usually go to the Supreme Court (in NSW under section 66G of the Conveyancing Act 1919) and are worth an hour of advice before filing.
  • Some states protect against retaliatory eviction. If a termination notice follows soon after you asserted a right, ask the tenancy service whether that protection exists where you are.

Forum, time limits, first steps

Which forum

The tribunal or court your state assigns to tenancy, strata and neighbour matters (a civil and administrative tribunal in most states; the Magistrates Court for tenancy in WA); the Local or Magistrates Court for some fence and small property claims; the Supreme Court for co-ownership and title. State law throughout, so the NSW rules pages apply in NSW only.

Time limits

Bond claims, responses to termination notices, and applications to the tribunal each have their own window, set by the tenancy Act and the tribunal's rules in your state and running from a specific trigger such as service or payout. The free tenancy service will tell you today's figure and what it runs from.

First step, renting

Put the request or objection in writing to the landlord or agent, dated, with photographs, and keep the copy. Most tribunals expect to see that you asked before you applied. The request, refusal, exhibit pattern is exactly this.

First step, neighbours

A calm letter, then the state's community justice or dispute resolution centre. Most fence and tree laws require notice in a set form before any court step.

Strata

Internal dispute resolution and the owners corporation first, then the tribunal. Keep minutes, notices and levies in one folder from the start.

Renting, neighbours, co-owners

The tenancy service for your state, linked below, is the first call for anything about a lease: they see every kind of landlord letter every week and can tell you which are valid. For neighbours, the mediation service is free and the letter you write before it is the record. For co-owners, the question is usually whether the property can be sold and how proceeds are divided; that is a court application with real costs consequences, and the escalation ladder and a written offer come first.

Which guides apply

Official resources