Urgent Tenancy Disputes
1. Before you apply to QCAT
There may be legislative requirements you need to comply with before you make an application to QCAT about your urgent tenancy dispute. However, there is no requirement for parties to attempt conciliation through RTA prior to filing with QCAT.
For more information about what steps you may need to consider before filing an urgent tenancy application with QCAT, please refer to the Residential Tenancies Authority (RTA) website here.
2. Complete and lodge online
QCAT now offers an online portal for you to securely file applications, referrals or documents electronically, view, manage and respond to your residential tenancy case. This fully-digital case management system makes filing and managing your case easier and more accessible by allowing you to:
- view case information and documents 24 hours a day, 7 days a week; access via desktop, laptop, mobile phone, and tablet
- receive case updates and notifications in real time
- lodge documents any time on any day of the week.
QCase online portal
3. Complete and lodge this form manually
If you cannot access the online portal, you can complete and lodge the application for residential tenancy dispute form listed below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
When you apply, you must ensure:
- the urgent order you are seeking is clearly identified in the form (see section 415 of the Residential Tenancies and Rooming Accommodation Act 2008 for list of cases considered urgent)
- a copy of the tenancy/rooming accommodation agreement is attached
- copies of all relevant documents, including but not limited to contracts, invoices, receipts and colour copies of photographs are included
When filing an application for an urgent tenancy dispute, you are required to file the application and supporting material along with three copies, plus one extra copy for every additional party named in the dispute, in one of the following ways:
| In person or via mail to the Magistrates Court nearest to the rental property | Click here to find a list of Queensland Magistrates Courts. |
|---|---|
| In person at the Brisbane registry | Queensland Civil and Administrative Tribunal Floor 11, 259 Queen Street Brisbane Qld 4000 |
| Mail to the Brisbane registry | Queensland Civil and Administrative Tribunal GPO Box 1639 Brisbane Qld 4001 |
* Please note that if the application is posted to the Brisbane registry, it will be heard and determined in Brisbane.
You must pay the appropriate fee at the time of lodgement – (Credit card authorisation form for mail payments)
You may make an application for a fee waiver if you are eligible.
Form 2 – Application for minor civil dispute – residential tenancy dispute
The purpose of this form is to ask QCAT to resolve an urgent or a non-urgent tenancy dispute.
4. Giving your application to the other parties
In tenancy cases, you are not required to serve your sealed initiating application and supporting material on the other parties as QCAT is required to do this under the current law.
QCAT will provide a copy of your application and any attachments to the other parties to the dispute after it has been processed. QCAT will also provide a notice of hearing to each party to the dispute at the same time. You can learn more about this further in the process.
After you have filed your application, any additional material filed after the initiating application in relation to the claim will need to be filed with QCAT and a copy given to all other parties. This can be done via email, post or in person. QCAT only serves the initiating application on all parties to the dispute.
5. What happens next?
Once QCAT has accepted your application, you will be provided with a case number to keep track of your case.
Find out what happens after you apply.
Non-urgent Tenancy Disputes
1. Before you apply to QCAT
There may be legislative requirements you need to comply with before you make an application to QCAT about your non-urgent tenancy dispute. When a dispute arises during or at the end of a tenancy, the RTA provides a free dispute resolution service, helping tenants/residents and property owners/managers to resolve disputes quickly.
The RTA conciliation process is mandatory for all non-urgent tenancy disputes and if the dispute is not suitable for conciliation or cannot be resolved, you will be issued with a Notice of Unresolved Dispute (NURD). An application cannot be initiated at QCAT unless you have been provided with a NURD.
For more information about what steps you may need to consider before filing a non-urgent tenancy application with QCAT, please refer to the RTA website here.
2. Complete and lodge online
QCAT now offers an online portal for you to securely file applications, referrals or documents electronically, view, manage and respond to your residential tenancy case. This fully-digital case management system makes filing and managing your case easier and more accessible by allowing you to:
- view case information and documents 24 hours a day, 7 days a week; access via desktop, laptop, mobile phone, and tablet
- receive case updates and notifications in real time
- lodge documents any time on any day of the week.
QCase online portal
3. Complete and lodge this form manually
If you cannot access the online portal, you can complete and lodge the application for residential tenancy dispute form listed below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
When you apply, you should ensure:
- the correct section number of the order you are seeking under the Residential Tenancies and Rooming Accommodation Act 2008 is clearly identified in the form
- a copy of the Notice of Unresolved Dispute (NURD) is attached
- a copy of the tenancy/rooming accommodation agreement is attached
- copies of all relevant documents, including but not limited to contracts, invoices, receipts, and colour copies of photographs are included
When filing an application for a non-urgent tenancy dispute, you are required to file the application and supporting material along with three copies, and an additional copy for each of any other parties named, in one of the following ways:
| In person or via mail to the Magistrates Court nearest to the rental property | Click here to find a list of Queensland Magistrates Courts. |
|---|---|
| In person at the Brisbane registry | Queensland Civil and Administrative Tribunal Floor 11, 259 Queen Street Brisbane Qld 4000 |
| Mail to the Brisbane registry | Queensland Civil and Administrative Tribunal GPO Box 1639 Brisbane Qld 4001 |
* Please note that if the application is posted to the Brisbane registry, it will be heard and determined in Brisbane.
You must pay the appropriate fee at the time of lodgement – (Credit card authorisation form for mail payments)
You may make an application for a fee waiver if you are eligible.
Form 2 – Application for minor civil dispute – residential tenancy dispute
The purpose of this form is to ask QCAT to resolve an urgent or a non-urgent tenancy dispute.
4. Giving your application to the other parties
In tenancy cases, you are not required to serve your sealed initiating application and supporting material on the other parties as QCAT is required to do this under the current law.
QCAT will provide a copy of your application and any attachments to the other parties to the dispute after it has been processed. QCAT will also provide a notice of hearing to each party to the dispute at the same time. You can learn more about this further in the process.
After you have filed your application, any additional material filed after the initiating application in relation to the claim will need to be filed with QCAT and a copy given to all other parties. This can be done via email, post or in person. QCAT only serves the initiating application on all parties to the dispute.
5. What happens next?
Once QCAT has accepted your application, you will be provided with a case number to keep track of your case.
Find out what happens after you apply.
Rental Pet Dispute
1. Before you apply to QCAT
Rental pet disputes are not considered urgent under the Residential Tenancies and Rooming Accommodation Act 2008.
When a dispute arises during or at the end of a tenancy, the RTA provides a free dispute resolution service, helping tenants/residents and property owners/managers to resolve disputes quickly.
The RTA conciliation process is mandatory for all non-urgent pet related tenancy disputes and if the dispute is not suitable for conciliation or cannot be resolved, you will be issued with a Notice of Unresolved Dispute (NURD). An application cannot be initiated at QCAT unless you have been provided with a NURD.
For more information about what steps you may need to consider before filing a non-urgent tenancy application with QCAT related to pets, please refer to the RTA website here.
After the RTA process, when you apply to QCAT it is also a good idea for parties to provide evidence that explains why you think a pet would be suitable or unsuitable to keep at the property. When you complete the form below, you can consider including:
- a copy of the pet request from the tenant / resident
- a copy of the response to the request to keep pets from the lessor / provider
- a colour photograph of the pet that will be kept at the rental property and any appropriate fencing at the property (if applicable)
- the size of the property or outdoor areas where the pet will be kept
- whether you intend to keep the pet inside and/or outside, or in an appropriate enclosure
- microchip details and/or council registration number
- information about the pet’s age, species, breed, weight, temperament or training it has received
- pet references from a veterinarian, trainer, previous rental provider or neighbour
- if you are in a body corporate arrangement (or community title scheme), confirmation of whether body corporate committee permission to keep a pet has been obtained
- whether the animal is a ‘regulated dog’ within the meaning of the Animal Management (Cats and Dogs) Act 2008 (declared dangerous or menacing, or is a restricted breed of dog)
If you do not provide the information / evidence that you want QCAT to consider, or as a QCAT decision-maker directs, the hearing may proceed without it, or the case may be dismissed.
2. Complete and lodge online
QCAT now offers an online portal for you to securely file applications, referrals or documents electronically, view, manage and respond to your residential tenancy case. This fully-digital case management system makes filing and managing your case easier and more accessible by allowing you to:
- view case information and documents 24 hours a day, 7 days a week; access via desktop, laptop, mobile phone, and tablet
- receive case updates and notifications in real time
- lodge documents any time on any day of the week.
QCase online portal
3. Complete and lodge this form manually
If you cannot access the online portal, you can complete and lodge the application for residential tenancy dispute form listed below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
When you apply, you should ensure:
- the correct section number of the order you are seeking under the Residential Tenancies and Rooming Accommodation Act 2008 is clearly identified in the form
- a copy of the Notice of Unresolved Dispute (NURD) is attached
- a copy of the tenancy/rooming accommodation agreement is attached
- copies of all relevant documents, including but not limited to contracts, invoices, receipts, and colour copies of photographs are included
When filing an application for a non-urgent tenancy dispute, you are required to file the application and supporting material along with three copies, and an additional copy for each of any other parties named, in one of the following ways:
| In person or via mail to the Magistrates Court nearest to the rental property | Click here to find a list of Queensland Magistrates Courts. |
|---|---|
| In person at the Brisbane registry | Queensland Civil and Administrative Tribunal Floor 11, 259 Queen Street Brisbane Qld 4000 |
| Mail to the Brisbane registry | Queensland Civil and Administrative Tribunal GPO Box 1639 Brisbane Qld 4001 |
* Please note that if the application is posted to the Brisbane registry, it will be heard and determined in Brisbane.
You must pay the appropriate fee at the time of lodgement – (Credit card authorisation form for mail payments)
You may make an application for a fee waiver if you are eligible.
Form 2 – Application for minor civil dispute – residential tenancy dispute
The purpose of this form is to ask QCAT to resolve an urgent or a non-urgent tenancy dispute.
4. Giving your application to the other parties
In pet related tenancy cases, you are not required to serve your sealed initiating application and supporting material on the other parties as QCAT is required to do this under the current law.
QCAT will provide a copy of your application and any attachments to the other parties to the dispute after it has been processed. QCAT will also provide a notice of hearing to each party to the dispute at the same time. You can learn more about this further in the process.
After you have filed your application, any additional material filed after the initiating application in relation to the claim will need to be filed with QCAT and a copy given to all other parties. This can be done via email, post or in person. QCAT only serves the initiating application on all parties to the dispute.
5. What happens next?
Once QCAT has accepted your application, you will be provided with a case number to keep track of your case.
Find out what happens after you apply.
***Disclaimer – The above information was taken from the Queensland Civil and Administrative Tribunal website as accurate in September 2024. If any changes are made by the court from that date they may not be reflected in this post
