FastTrack Resolution is a service provided by Tenancy Services to help landlords and tenants formalise an agreement that’s been reached after a dispute.

It encourages landlords and tenants to sort out their tenancy problems themselves by working together to come to an agreement. If need be, the agreement can be validated via FastTrack Resolution instead of the standard mediation process. This frees up everyone involved from having to be available for a scheduled mediation when they don’t need it.

Applying for FastTrack Resolution

Step 1: Agree – Reach an agreement

The landlord and the tenant need to agree on how they’ll sort out the tenancy problem. They also need to talk about what will happen if the agreement isn’t kept.

Self-resolution has more information for help with this conversation.

Once the landlord and tenant reach an agreement, the landlord can proceed to the next part of the application process.

An agreement to repay a debt must have a minimum of four things:

1. The actual debt amount calculated up to and including the day before the next due payment.

The landlord and tenant must work out the correct amount of the debt owed, for example rent arrears, for the FastTrack application. Regardless of what day the agreement is made, the debt needs to be calculated based on all payments made or not made up to and including the day before the next payment is due. For example:

  • Both parties agree to a $500 payment per week (being $450 for rent, $50 for rent arrears) to continue to pay the rent owing as well as pay off a debt for continued missed rent payments. They make the agreement on Tuesday, but the tenant usually pays the rent on Thursday. Therefore the debt must be calculated up to and including Wednesday (the day before the next payment will be made) as this is a day rent has not been paid for.

Keeping accurate rent records.

2. Details of how the debt will be repaid.

The agreed amount (e.g. $500 per week for rent and arrears) and how often the payments will be made (every week or every fortnight) must be provided.

3. The date the payments will begin.

FastTrack applications must have a start date after the date the application has been filed. For example –

  • An application is filed on Tuesday 6 March, and the first payment will be made on Friday 9 March
  • The agreement would state that payments will begin on Friday 9 March (being the next payment date after the application has been filed).

4. The consequence(s) agreed to if any payments are missed while the debt is being repaid.

This is a very important part of the agreement, and must be discussed and agreed upon in full between the landlord and tenant. Common consequences for non-payment of a financial debt are:

  • A monetary order;
  • A termination and possession order.

Enforcing an order from the Tribunal has more information about orders.

Step 2: Advise – Let the tenant know you are applying for FastTrack

The landlord must do the following before filing their FastTrack application:

  • Advise the tenant that they (the landlord) will be filing a Tenancy Tribunal application for FastTrack Resolution. This formalises the agreement by way of a Mediator’s Order
  • Get a current phone number from the tenant
  • Check that the tenant is available to take the mediator’s phone call to confirm the FastTrack Resolution agreement details in the landlords Tenancy Tribunal application over the next two business days from the time the application is filed.

Step 3: Apply – Submit the FastTrack application online

The landlord applies for FastTrack Resolution by completing the FastTrack section of the Tenancy Tribunal application online. It costs $27 to apply to the Tenancy Tribunal.

Tenancy Tribunal application online

When you can apply

FastTrack is suitable in the following circumstances:

Where the rent is in arrears or other money is owed and you require a Monetary Order only as a consequence.

✓

Where you have:

  • issued a 14 day notice to remedy rent arrears and that notice has expired without remedy;
  • OR the rent is 21 days in arrears or more (when you file your FastTrack application);

AND you require termination and possession of the tenancy as a consequence.

✓

Unpaid bond – where you have:

  • issued a 14 day notice to remedy unpaid bond monies and that notice has expired, but you have reached an arrangement to pay the unpaid bond money;
  • AND you require a Monetary Order and/or termination and possession order as a consequence for breaking that arrangement.

✓

Unpaid water invoices – where you have:

  • issued a 14 day notice to remedy unpaid water charges and that notice has expired, but you have reached an arrangement to pay the unpaid water charges;
  • AND you require a Monetary Order and/or termination and possession order for breaking that arrangement.

✓

Examples of applications not suitable for FastTrack include:

  • Applications with more than three issues
  • Multiple tenants of three or more
  • Exemplary damages
  • Damages
  • Minors (those under 18 years)
  • Where a licensed interpreter is required
  • Partial agreements (where only some of the problem is sorted out)
  • Monthly rent payments
  • Where a tenant cannot be contacted

Apply through the standard process to have these types of disputes resolved.

The FastTrack Resolution process – Frequently Asked Questions

What happens once the application has been made?

Once the application is received, it is referred to a Tenancy Services mediator.

The mediator will call the tenant within two business days to talk privately with them to check they have agreed to and understood all the terms and conditions of the FastTrack agreement.

If the tenant is unsure about any part of the agreement, or if there is a problem with the application, the mediator will keep the tenant on the phone and immediately call the landlord. The mediator will then conduct a 3-way mediation telephone conference to discuss just the issue that prevented the agreement from being confirmed. They will leave a message for the landlord to call back if they are unable to make contact at the time.

Once the mediator has confirmed the agreement, it is formalised in writing as a Mediator’s Order and a copy is sent to the tenant and the landlord. The mediated order will also be sent to the Tenancy Tribunal to be sealed.

What is a Mediator's order?

A Mediator’s Order is a formal record of an agreement made between a tenant and a landlord after a tenancy problem has been sorted out. It will become a legally binding court order once it is sealed (stamped) by the Tenancy Tribunal, so it’s important that both parties fully understand their rights and responsibilities before they agree to the terms and conditions of the agreement.

Can the confirmed agreement be enforced?

The Tenancy Tribunal is involved when the mediated agreement is confirmed in order to be sealed (stamped). A sealed mediated order is legally binding and can be enforced as if it is an order made by the Tenancy Tribunal.

What happens if there is no contact from the tenant over the two business days?

If the mediator is unable to make contact at the first attempt, the mediator will usually leave a voice message followed by a text message to call 0800 TENANCY (0800 836 262). They will keep trying to contact the tenant within the two-business-day timeframe.

If there is still no contact with the tenant after this time, the application will be referred directly to the Tenancy Tribunal at the District Court. Notification of the Tenancy Tribunal Hearing will be emailed or posted out to both the tenant and the landlord once it has been scheduled.

Referring the application to mediation in the event of non-contact with the tenant is not an option as it will delay the process further.

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Last updated: 01 July 2024