Hi Ian

I would just like to say that I submitted a QCAT form 2 weeks ago and it was returned to me on Tuesday advising that I had failed to include the Notice of Unresolved Dispute and that I sent them a cheque for the incorrect amount. The Notice of unresolved dispute was included amongst all the paperwork (one of the 115 peices of paper) that I had to provide and the cheque amount was the amount I found from the QCAT website which turned out to be the right amount. I called to discuss with QCAT and all they could say was it was a clerical error. So that is 2 weeks of now wasted time. In the meantime the tenant has lodged their application with QCAT (last week) and a court date has been set for their case to be heard for 3 weeks time.  Hopefully I can get my case heard the same day but QCAT have told me that I am running short of time for this to happen as my claim was not lodged within a timely manner for them to arrange this.

Hi Ian,

Great work I hope you have some success with your local member.

 As far as the QCAT delay goes I can say for sure the I have lost one rental property directly due to the delay of having our case heard. It was 6 weeks from Lodgement date, and the owner did not beleive an urgent application could take that long and was sure we did not lodge on the date we said we had. Even giving the owners  the QCAT reference numbers so they could call and confirm that we had actually lodged the forms 6 weeks prior did not help.

It’s a very stressful time for owners and these delays are not helping.

Also for two tenants named on the lease our applications are 116 pages (29 pages each)…. not looking forward to the day when we have 4 tenants on the lease that will be 174 pages and god knows what for the postage.

Morning guys, and thanks for the response. I hope to get some more discussion going, and highlight these very issues.

Tara, I had a similar kind of thing last week, when after a hearing, in which we only applied for a termination notice, but the adjudicator also ordered the bond paid to us, we got a letter from QCAT requesting a further payment to cover what we would have had to pay if our application included the bond amount. We never claim for bond for just that reason, we only pay the base application fee, and rely on RTA processes to recover bond after we regain possession. This is actually for two reasons. Firstly, to save fees (der freddy), but also because if a termination is on we encourage our tenants to do it properly (rent to date and property clean) and they can then retain their bond and avoid TICA listing. Letters back and forth resulted in absolute silence when I advised them that a review of QCAT Act (section 38 presribed fees) makes no mention of retrospective fees and could they advise what regulation they relied upon to request them.. I would think that if you put the weights on you should be able to convince QCAT to align the two hearings. You must put it in writing with your evidence of their failure, and CC QCAT head office. A letter of complaint should also be sent to QCAT H.O. when you send them a copy of your demand for action.

Jason, sad but true and exactly what I’m on about. Our practices and business’s are being directly damaged by the failures in QCAT processes. Your client was obviously being unreasonable, particularly if you provided evidence as to their actions, like your application receipt and then QCAT hearing notice, but the point is it still shouldn’t happen in the first place. That is not a conversation you need to have. Please store that failure and result in a QCAT file, and any others you may have. Just photocopy the app receipt and Hearing notice. Apparently REIQ is going to act soon to collate stories of this nature, but in the meantime I hope to get moving with the same agenda in my own way. I am hoping next week to launch a simple facebook page that will allow all of us to make contact and get the discussion going. It also very important that you take 5 minutes to write a complaint to QCAT H.O. outlining the loss you have suffered due to their failures. They are required to respond and can’t ignore you. It is only by driving them batty with letters of complaint that any attention to the actual problems will be gained.

Good on both of you. I stand by to assist anyone with letters or ideas to continue in the campaign to get this poorly organised process off our case..

Maybe some progress today, with REIQ E-news (with a link) advising that QCAT are running a ‘stakeholders’ survey…only problem so far is that when you click on the link it takes you to a “thank you for completing the survey” page.. and wait until you see the company QCAT is using to host the survey…

Anyways, once sorted it will provide an opportunity to let QCAT know of any issues with them or their systems. I look forward to this, and urge all members to access E-news and participate.

Thanks all

Hmmmm, turns out that QCAT sent the survey to ‘stakeholders’ only.. like RTA, REIQ etc. and didn’t really intend for it to be an ‘open’ survey.. expires on 18th May.. and as REIQ has completed theirs, we the members are locked out on the final page..

Guess QCAT doesn’t really want the full picture. After all, REIQ (our representative body) has not surveyed us, the members of the industry, so how can they deliver one, and we’re back to doing it on our own… I’ve got a couple of irons brewing, so I guess we’ll be in touch. Still keen to hear from others with any issues or complaints..

Ian

Morning guys and ladies, latest news on the QCAT issue. REIQ has finally got on board and has sent a request for all agents to respond with QCAT feedback. They are particularly interested in topics like Timeframes, Nature of Decisions made, Delays experienced, Process issues or any other general matters relating to dealings with QCAT. This is a great step forward, and I trust that with the information gained REIQ will provide some support in this matter. I urge all of you (tell your colleagues too) to respond to REIQ by 29 June 2012 as requested.

On my own front, I was dismayed yesterday to put a Claim in, only to be told that it will be an 8 week delay for a hearing. This one is actually for a bond for rent and cleaning, in which we have done Dispute Resolution Process and Conference in which the tenant agreed to release to us, but has not returned the Form 4 mailed to him by RTA. Seems no matter how hard we work within process we still suffer at the hands of QCAT. I was encouraged though by the staff at the Courthouse who told me that they are aware of my ‘grumblings’ to QCAT, because each complaint I make results in a call from Head Office to clarify. They also are unhappy with the processes and “good job” were the words I heard as I left. I have been making many approaches to not just QCAT and REIQ over all this, I have also sent mail to the Attorney General and my local Member of Parliament to draw attention to these issues. I am advised that it is encouraged that we all write as much as possible to highlight the issues we face as QCAT continues to fail in it’s sevice delivery. At the risk of being mundane, but I hope more of assistance I include here a transcript of the letter sent this week to the A.G. and perhaps provide a template for those that may wish to use/amend to suit your situation.

Dear Sir

Thank you for taking the time to review my complaint with regard to QCAT in our district. I have attached some material for your consideration. I believe that there are two major issues confronting us.

Firstly, the extraordinary amount of paperwork being filed to lodge a Claim. Prior to QCAT the claim contained sufficient information to register a hearing, and then, if required, evidence to support that claim was produced at hearing.

Under QCAT we lodge copies of tenancy agreements and all RTA forms in multiple copies, which not only wastes reams of paper, but is causing file storage issues in the courthouse I am told. Let alone the the cost of mailing copies from the courthouse to all respondents to the claim. Further, the copies provided for sending to the tenants, are duplications of forms and documents we have already provided to them.

Also, it can often be the case that matters are resolved before the hearing date, e.g. tenant vacates or resolves the issues, or there is a non-appearance, making all this ‘evidence’ redundant. Surely it makes sense to retain the information on file for when it is required or requested.

The second, and I believe more serious issue, is the delays we are now experiencing in even getting a hearing date registered. Currently at one month, and again at a recent REIQ seminar, I heard of one case with a nine week delay.

Worse, on one occasion when we had waited a full four weeks for an ‘urgent’ hearing, having waited in the courthouse for 1.5 hours, were told that the matter would not now be heard due to a busy schedule. Two things happen when QCAT fails in their service delivery.

One: Non conforming tenants gain the view that their obligations under RTA and to their rental contract can easily be brushed aside as not important, and

Two: the potential for further damages and obviously larger rent arrears becomes a real threat to the owner’s property and investment. This puts real pressure on their mortgage and cannot be good for our community.

It is worth noting that prior to QCAT the Residential Tenancies Tribunal was operating efficiently for all parties. Hearings were held in 7-10 days, and I am advised that , at times, up to 30 were heard on each sitting day.

At the REIQ Property Management Forum on 20/4/12 a representative from QCAT advised the Forum that the delays in process and hearings were the direct result of the number of Claims being lodged at QCAT, that not only included Residential Tenancy matters, but also neighbourhood and trade dispute complaints.

When we reflect on the fact that in 1989 the Government of the day removed all Residential Tenacy matters from the general Small Claims Court due to the backlog being caused by the Residential Tenancy matters, creating the Rental Bond Authority (now RTA) and the Residential Tenancies Tribunal along the way..and that QCAT has only been in force for just on two years, doesn’t it seem obvious that this retrograde step on the part of the previous government has failed, and that it’s time that the Residential Tenancies Tribunal was re-instated?

My point being, I am just one agent. If this number of failures exist with just me, how big is the problem statewide when you consider the number of rental properties in Queensland.

As a positive new Government with an interest in real cost savings and removal of duplications in process in this State, I urge you to present this information to your colleagues for consideration.

I thank you again for your time, and look forward to a response from you in due course.

I included in my letter copies of 5 long delay hearings notices and a copy of claim application forms prior to QCAT (9 pages) and current application (39 pages x 4 allowing for file and mailing copies) In this way I hope to let the powers that be see for themselves what we are actually dealing with.

I trust the above is of interest to some, and will keep you posted as I continue in my quest..

Ian Morrison