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Preparing for the Hearing (Tenants and Landlords)

Written Evidence and Documents

Before the hearing, you should gather all documents and evidence you want the Tribunal to consider.

This may include:

  • tenancy agreements
  • rent increase notices
  • correspondence
  • photographs
  • receipts or invoices
  • evidence relating to market rent or property improvements.

Only documents relevant to the issues before the Tribunal should be provided. Documents must be delivered no later than 14 days before the hearing, calculated by counting back from the hearing date. The person submitting the documents must be able to prove that they were delivered within the required time.

Oral Evidence by the Parties

The Tribunal may also consider oral evidence given by the parties attending the hearing. Parties giving oral evidence must do so on oath or affirmation before giving that evidence.

Witnesses

If a party intends to rely on witness evidence, the Tribunal should be informed in advance.

The Tribunal may decide whether witness evidence is required and how that evidence is to be given, including whether it is provided in writing or orally, and whether the witness attends only for the purpose of giving evidence if the hearing is held in private.

Witnesses may be asked questions by:

  • the Tribunal
  • the tenant
  • the landlord.
  • representatives.

The witnesses must take an oath or make an affirmation in relation to giving the evidence.

Hearing Bundles

The Tribunal may ask parties to prepare a hearing bundle.

A hearing bundle is a set of documents that will be used during the hearing.

The Tribunal may give directions about:

  • which documents should be included
  • page numbering
  • deadlines for submission
  • how the bundle is to be shared with the other party.

All directions must be complied with.

Attendance

If a hearing is arranged, you should attend unless the Tribunal directs otherwise.

Hearings may take place:

  • in person
  • by video conference
  • by telephone
  • using a combination of these methods.

If a party cannot attend, the Tribunal must be informed as soon as possible.

If a party does not attend and does not inform the Tribunal, the case may proceed in their absence. The decision will be based on the information available.

Interpreters and Assistance

If assistance is required to participate in a hearing, the Tribunal should be informed as early as possible.

This may include:

  • an interpreter
  • disability adjustments
  • assistance with communication
  • remote attendance arrangements.

The Tribunal will consider reasonable adjustments to enable participation.

Disability Adjustments

If a party requires adjustments due to disability, the Tribunal should be informed as soon as possible.

This may include:

  • wheelchair access
  • hearing assistance
  • remote attendance
  • additional time or communication support.

The Tribunal will consider reasonable adjustments to support participation in the process.

Representation

A party may:

  • represent themselves
  • be assisted by another person
  • instruct a lawyer or other representative.

If a representative is appointed, the Tribunal must be provided with their contact details.