A lot of landlords don't think that the rental housing tribunal will help them and if they have problems they run to a lawyer, who eventually takes the matter to a court if he or she can't solve the problem with a few letters.

Though this may be a common procedure, with the amendments to the Rental Housing Act this may become a serious decision. Here is why.

In clause 11 paragraph 4 it says that if a landlord or tenant (whichever one of the two) initiate action with a magistrate's court the tenant or landlord can't go and lodge a complaint with the Rental Housing Tribunal unless the Magistrates court refers the issue to the Tribunal.

This is very interesting and landlords together with tenants should remember this amendment if it passes, because this means that in effect one shouldn't run to the courts as it may take longer as well as have the negative effect of not being able to go to the Rental Housing Tribunal, which is not only free of charge but also has a set deadline to resolve matters.

This amendment is very logical for government services optimisation. No one wants two cases in two places wasting time for both organisations and delivering two judgments, which can create even more problems.

This means that by taking future action in a magistrate court it will result in the inability to use the Rental Housing Tribunal, which could be cheaper and faster. Therefore, landlords and tenants should firstly try the cheaper and faster option of resolution via Rental Housing Tribunal.

Property24 08/07/2008