Whether you’re renting a home, leasing a shopfront, or trying to get a bond back that a landlord won’t release, disputes between landlords and tenants are one of the most common legal issues Australians face. Most of the time these disagreements start small — a delayed repair, a disputed inspection report, confusion over notice periods — but if they’re not handled properly, they can escalate into something that affects your finances, your housing, or your business.
Tenancy law in Australia is set at the state and territory level, so the exact rules on notice periods, bond limits, and rent increases differ depending on whether you’re in NSW, Victoria, Queensland, WA, SA, Tasmania, the ACT or the NT. There’s no single national tenancy act, which is part of why these disputes can feel confusing — advice that applies in one state may not apply in another. This is one of the main reasons people reach out for guidance rather than trying to work it out from a general internet search.
Common types of landlord and tenant disputes
Some of the situations that most often lead to a dispute include:
Bond disagreements, where a landlord or agent wants to withhold some or all of a rental bond at the end of a tenancy, often citing cleaning, damage, or unpaid rent. Repairs and maintenance, where a property has an issue — a leak, faulty heating, a safety hazard — and the landlord is slow to act or disputes responsibility. Notice to vacate disputes, where a tenant is asked to leave and disagrees with the reason given, the amount of notice provided, or whether proper process was followed. Rent increases that a tenant believes are excessive, poorly timed, or not properly notified. And commercial lease disagreements, which involve their own separate set of rules and often larger amounts of money.
What to expect if a dispute arises
In general, most states encourage landlords and tenants to try to resolve a dispute directly first, often with the involvement of a real estate agent if one is managing the property. If that doesn’t work, most jurisdictions have a dedicated tribunal — such as a civil and administrative tribunal — that handles residential tenancy disputes without the cost and formality of a full court process. These tribunals can typically make orders about bond release, repairs, compensation, or ending a tenancy.
Before matters reach a tribunal, it’s often worth getting an outside view from a solicitor or lawyer, particularly if there’s a lot of money involved, the dispute is about a commercial lease, or the other side has already engaged legal representation. A solicitor can help you understand what evidence will matter, what your realistic options are, and whether the timeframes you’re working with still allow you to act — many tenancy claims have to be lodged within a set window, and missing it can limit what a tribunal is able to do for you.
Red flags worth acting on quickly
A few situations are generally worth getting advice on sooner rather than later: being served with a formal notice to vacate, a landlord threatening to lock you out or shut off services without going through the proper process, a significant safety issue in the property that isn’t being fixed, or any dispute involving a commercial lease, since the protections that apply to residential tenants often don’t extend to businesses in the same way. Acting early usually means more options are still available, and important limitation periods for lodging a claim are less likely to have passed.
Every situation is different, and what applies in one landlord-tenant dispute won’t necessarily apply in another, particularly once you factor in which state or territory the property is in and what type of tenancy is involved.
If you’re dealing with a landlord or tenant dispute and aren’t sure where to start, Request Legal Service can help match you with a solicitor or lawyer suited to your situation, free of charge. Submitting an enquiry only takes a few minutes, and it’s a straightforward way to get pointed in the right direction before a small disagreement turns into a bigger problem.
This article is for general informational purposes only and is not legal advice. Laws vary across Australian states and territories, and can change over time — for guidance on your specific situation, speak with a qualified solicitor or lawyer. Request Legal Service does not act as a law firm or provide legal representation.