Tribunal Decisions

How Decisions Are Made

When determining a case, the Tribunal will consider:

• the application
• the response
• the evidence provided
• any information discussed at the hearing.

Decisions are made by the Chair and Tribunal members.

Decisions are normally made by majority. Where necessary, the Chair has a casting vote. Decisions may also be made where a quorum is present.

When the Decision Is Made

The Tribunal may give its decision or decision with reasons:

• at the end of a hearing
• later after the hearing; or
• after considering the case on the papers (without a hearing).

When Decisions Are Issued

The Tribunal will provide its written decision as soon as reasonably practicable, and normally within 28 days of the decision being made.

Written Decisions with Reasons

The Tribunal will always provide written reasons for its decision.

The written decision will set out:

• the decision
• the reasons for the decision
• any directions or orders made.

The decision will be sent to both parties.

Orders the Tribunal Can Make

If the Tribunal decides that the proposed rent increase is lawful, the increase will take effect as proposed.

If the Tribunal decides that the increase is not lawful, it may:

• reject the increase
• determine a lower increase
• specify the date on which an increase may take effect.

Rental Over- and Underpayments

If a rent overpayment or underpayment arises during the proceedings, either party may seek to correct it. A party may apply to the Petty Debts Court for a judgment to recover any amount due.