COVID-19 What to do if a party does not comply with a binding order
With the assistance of the Residential Tenancies Mandatory Conciliation Service, landlords and tenants can reach a fair and achievable solution to a rental dispute arising during the COVID-19 emergency period. The landlord and tenant can also agree to have this solution formalised in a Binding Order of the Commissioner.
What to do if one of the parties does not comply with the binding order
If one of the parties does not comply with the terms of the order, you do not need to come back to mandatory conciliation. Either the landlord or the tenant named in the order can apply straight to:
- the Magistrates Court, if it relates to a residential tenancies or accommodation agreement; or
- the State Administrative Tribunal (SAT), if it relates to a long-stay agreement.
The grounds for making an application is that the other party has failed to comply with the order.
What type of order can the Magistrates Court or SAT make?
The Magistrates Court or SAT can make any order they consider appropriate in the circumstances. Some examples of orders that could be made include:
- requiring the parties to comply with the order;
- change to the terms of the agreement;
- creating a whole new agreement between the parties; or
- terminating the tenancy agreement.
For more information
For personalised, expert advice call the Landlord Hotline on 1300 304 054 or for more information visit www.dmirs.wa.gov.au/covidrenting.
For more information about the Magistrates Court processes, visit Consumer Protection’s guide to the Magistrate’s Court. Further information, including the forms to complete and the fees payable is available at www.magistratescourt.wa.gov.au. You can also lodge your application to the court online.
For more information about the SAT forms and fees visit www.sat.justice.wa.gov.au.
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