You can apply to the Tenancy Tribunal for Unit Titles Act disputes.
Before you make an application
The first thing you should always do before making an application for dispute resolution is talk to the person or group you have a dispute with. There may have been a simple misunderstanding or mistake. It is always best to try to sort things out with each other so you don’t need to apply to the Tenancy Tribunal.
Who can apply to the Tenancy Tribunal?
The Tenancy Tribunal can hear and resolve disputes arising between anyone listed below in relation to a unit title development.
- the owner of a principal unit or a former owner of a principal unit
- a future development unit owner
- an occupier of a future development unit
- a body corporate
- an administrator
- a registered valuer
- an occupier of a principal unit
- a service contractor
- a prospective buyer of a principal unit
- an original owner
- a lessor of base land
- the chief executive.
If you are a party to a unit titles dispute you may appoint an agent to act on your behalf by notifying the Tribunal in writing.
The Tribunal does not have jurisdiction to:
- make orders requiring any person or body to pay any sum, or to do any work to a value, or otherwise incur expenditure, in excess of $50,000,
- hear disputes relating to the application of insurance money under section 136(4) of the Act,
- hear any dispute relating to the title of land including:
- a redevelopment
- cancellation of a unit plan
- conversion of a cross-lease or flat-owning company to unit title.
If a claim exceeds $50,000, one of the parties may choose to abandon some of the claim, in order to bring the claim within the jurisdiction of the Tribunal. If you reduce your claim to fit within the $50,000 limit you cannot make a later claim for the difference.
Disputes that exceed this amount will be transferred by the Tribunal to either the District Court or the High Court, depending on which jurisdiction the dispute falls into.
Applications to the Tenancy Tribunal will be divided into two categories. The application fee is determined by the category.
Category 1 proceedings are those for a unit title dispute that, because of their complexity, are likely to involve a hearing before the Tenancy Tribunal as the principal means of resolving the dispute. Examples of these are:
- the repair or maintenance of common property
- the governance of a body corporate
- the decisions and procedures of a body corporate.
Category 2 proceedings are those for a unit title dispute of a straightforward nature that, because of their lower complexity, are likely to involve mediation as the principal means of resolving the dispute.
Examples of these are:
- the day-to-day management of a unit title development
- the effect of the behaviour of an owner or occupier of a principal unit on the other owners and occupiers of the unit title development
- non-compliance with body corporate operational rules.
Another example of category 2 proceedings are claims relating to non-payment of body corporate levies (even though they would ordinarily involve a hearing before the Tenancy Tribunal).
|Category 1||$3,300 including GST|
|Category 2||$850 including GST|
You should note that if your claim is wholly successful the Tenancy Tribunal must order the other party to pay you the application fee. If your claim is partly successful the Tenancy Tribunal may order the other party to pay you the application fee.
How to Apply
You can make a UTA application to the Tenancy Tribunal online.
If you cannot make an online application, you need to request that a paper form is posted to you to fill out and post back to us. Call the UTA Help Desk on 0800 864 884 (overseas call +64 4 237 1588)
If you need help with your online application, you can call the UTA Help Desk on 0800 864 884 (overseas call +64 4 237 1588).