Thanks Emily, this is really helpful. I have heard of hearing being adjourned without actually attending tribunal on the scheduled day. Do you know what the procedure would be in this instance?

Hi Emily,

We used to always request adjournment for exactly the reasons you state - the matter could be reopened by faxing the registry and a hearing scheduled within a few days without having to begin serving notices again. It worked brilliantly for keeping serial arrears offenders paying on time.  We would write to them advising that we could apply for eviction without notice should the rent fall into arrears at any time.

The tribunal here in the Gold Coast now always dismisses the matters whenever we ask for an adjournment, requiring us to begin the process all over again and join the queue for a hearing date some time in the next two months, exposing the owner to a huge potential loss.

Michael - do you mean that the tribunal dismiss's the faxed request?  Have you tried attending a hearing again to see if they would uphold it in person?

This is a good question for the community.  Are there any other property managers in QLD obtaining adjournments either by fax or in person when the tenant pays their rent or agrees to a payment plan prior to a scheduled tribunal hearing date??

If so Michael, I suggest you have grounds for a dispute of these determinations. Let's find out!!

We have had the matters dismissed both by fax and in person. I asked the magistrate why he had made that decision on one occasion and he replied that as the original reason for the application to the tribunal had been remedied he considers that any subsequent arrears are a separate matter.

I actually attend the hearing any way to enforce a payment plan by order, that way if they miss one payment it is automatic vacant possession once you have faxed the tribunal. It gives the tenant 48 hours to vacate or we can request a baliff to help out. It is not enforced for the remainder of their lease, but runs until they are back to paying their rent two weeks in advance.

I have also found it beneficial to attend the hearing even when the tenant has paid up the arrears for the same reason as Tammy.  When applying I always tick the boxes for SPO (Specific Performance Order), Vacant possesion, and claiming the bond, even if at the time we dont really want vacant possession or think that the bond will be nessesary, it just makes it possible should things change since the application and the hearing date.

Also you can ask for a relist period with the SPO (usually up to 6 months) even if the tenant has paid the arrears by the hearing date.

Should you wish to you can still enforce vacant possession when the tenant pays before the hearing date as the termination form states vacant possession is required by the Termination Date if the rent isn't paid, not the tribunal hearing date, then it's already too late.

Simply adjouring the matter leaves you open to cases such as Michael's above, however the SPO is enforcable for quite a while after and then if they fall even 1 day behind during that period it is enough to terminate the lease immediately.

Tribunal may not be a fun part of the job but it reeally is great protection for the landlord and yourself as an agent.

Can adjournment be requested with QCAT without attending the Hearing?. ie form

Hi Guys & Girls,

                   In relation to the topic of Tribunal, In Victoria Tribunal (VCAT) you can obtain a 3 months adjournment via fax but you must gain the tenants signature. If you attend the hearing they will adjourn the matter for 6 months.

Alternately, If the tenant is a "Repeat Offender" you can attend VCAT as ask for possesion order , even though the tenant has paid based that the tenant has been late 15 days late numerous amounts of times before the hearing.

Generally, I seek intructions from my landlords as to which way they want to go, most of them ask to seek adjournment but some op to seek the order and not purchase warrant until they fall behiend again.