You have been managing a dispute between one of your landlords and a tenant over the payment
Question:
You have been managing a dispute between one of your landlords and a tenant over the payment of an account of $5,000.00 for replacing an air-conditioning system in the tenanted property. The tenants allege that the air-conditioning system was faulty and that liability for replacement rests with the landlord. The landlord alleges that the issues with the air-conditioning system were the result of misuse by the tenant and that responsibility for the cost of the replacement rests with the tenant. The tenant has refused to pay. Neither party believe this constitutes a breach of the tenancy agreement, however the landlord wants to apply to QCAT for a hearing to recover the amount of the invoice. You inform the landlord that before applying to QCAT, they must attempt to resolve the matter through the RTA's conciliation/dispute resolution process. The landlord has agreed and requests you attend the conciliation on their behalf. The landlord would accept a negotiated solution to the dispute rather than go to the expense and risk of proceeding to a hearing.
Task: Write a paper outlining what you believe you need to do to prepare for the conciliation. It should include, as a minimum:
- The main points and arguments you would present in the conciliation What documents would you bring to the conciliation in support of the landlord's arguments
- The approach you would take whilst attending the conciliation.
- What you believe would be a reasonable outcome from the conciliation, noting the landlord's desire to negotiate a resolution?
- You can refer to the RTA's dispute resolution information page in preparing your answer https://www.rta.qld.gov.au/disputes/dispute-resolution/applying-for-dispute-resolution
Fundamentals of Financial Management
ISBN: 978-0324664553
Concise 6th Edition
Authors: Eugene F. Brigham, Joel F. Houston