FastTrack Resolution is a quick way to confirm agreements reached between landlords and tenants.

It encourages landlords and tenants to sort out their tenancy problems themselves. This frees them up from having to be available for a scheduled mediation when they don’t need it.

Applying for FastTrack Resolution

Step 1: Agree – Reach an agreement

Firstly, the landlord and the tenant need to agree on how they’ll sort out the tenancy problem. They also need to talk about what will happen if the agreement isn’t kept to.

Self-resolution has more information for help with this conversation.

Once the landlord and tenant reach an agreement, the landlord can proceed to the next part of the application process.  

An agreement must have a minimum of four things:

1. The actual debt amount calculated up to and including the day before the next payment.

The landlord and tenant must work out how much the tenant owes up to the day before the tenant will make their next repayment.  For example, if the landlord and tenant reach their agreement on a Tuesday but the tenant isn't making the next repayment until Thursday, then the debt must be calculated up to and including Wednesday (being the day before the next repayment day).

Keeping accurate rent records.

2. Details of how the debt will be repaid.

The tenant and landlord must advise of the agreed amount (i.e. $200 per week, being $180 for current rent and $20 for rent arrears) and the frequency of the payments (weekly or fortnightly).

Monthly-payment Agreements are not suitable for FastTrack Resolution applications, and should be applied for using Scheduled Mediation.

3. The date the payments will begin.

The landlord and tenant must have a clear understanding of when the payments will start.  If the agreement has already started before the landlord files the FastTrack Resolution application, then the landlord must provide the next available payment date. For example, if the payments started on Monday 2 March and the landlord files their application on Thursday 5 March, then Monday 9 March would be the next payment date.

4. The consequence(s) agreed to if any payments are missed while the debt is being repaid.

This is a very important part of the agreement, and must be discussed and agreed upon in full between the landlord and tenant.  Common consequences for non-payment are a monetary order and a possession order.   

Enforcing an order from the Tribunal has more information about orders.

For FastTrack Resolution, the landlord and tenant must agree on all parts of the agreement.  If there is a partial agreement or no agreement, then the application does not meet FastTrack Resolution criteria.  Instead, the landlord or tenant can file a Tenancy Tribunal application to have a mediator help sort out their dispute via our Scheduled Mediation service.  

Step 2: Advise – Advise the tenant you are applying for FastTrack

Secondly, the landlord advises the tenant that they (the landlord) will be filing a Tenancy Tribunal application for FastTrack Resolution to formalise the agreement by way of a mediator’s order.

The landlord also advises the tenant that a mediator will call them to confirm the agreement before it is formalised as an order. At this point it is important for the landlord to check the tenant’s availability to take the mediator’s call over the next two business days, and to get a correct and current contact phone number from the tenant.

Step 3: Apply – Apply to the Tribunal for your order

Thirdly, the landlord applies online for FastTrack Resolution by completing the FastTrack Resolution section of the Tenancy Tribunal application online. All Tenancy Tribunal applications have a filing fee of $20.44.

Tenancy Tribunal application online (external link)

The FastTrack Resolution process

Once the application has been received, it is directed to a Tenancy Services mediator.

The mediator talks privately with the tenant to confirm they have agreed to and understood all conditions of the agreement.

The mediator then writes the agreement as a mediator’s order, which is sent to both parties notifying them that the agreement has been formalised. The order can be sealed by the Tenancy Tribunal if required.

If the tenant is unsure about any part of the agreement, or if there is a problem with the application, the mediator will immediately call the landlord and conduct a 3-way mediation telephone conference to discuss just the issue that prevented the agreement from being confirmed and formalised.

The FastTrack Resolution process can be as fast as two business days if both parties are comfortable with their agreement and the mediator is able to confirm the agreement with the tenant straight away.

The mediator will contact the landlord after two business days for further instruction if they have been unable to contact the tenant.

Mediator's order

A mediator’s order is a formal record of an agreement made between a tenant and a landlord after a tenancy problem has been sorted out.  It may become a legally binding court order so it’s important that the tenant fully understands their rights and responsibilities before they agree to the terms and conditions of the agreement.

When you can apply

FastTrack Resolution is best suited where an agreement:

  • has just been reached and needs to be formalised
  • where the agreement is straight forward and both landlord and tenant fully understand it
  • where a previous verbal agreement has broken down and a new one agreed to

Note: If a 14-day Notice to remedy has been served but has not expired, then the landlord should file their FastTrack Resolution application after the notice has expired.  The landlord and tenant can still agree to end the tenancy as a consequence, between them, for non-payment of debt prior to the application being filed (as per section 56 of the Residential Tenancies Act).  However, a mediator is unable to write a mediator’s order for termination before the 14-day Notice to remedy  expires. Landlords may wish to consider a monetary order in this case.