We provide a free complaint service for operators, home owners, residents and property managers in land lease communities.
A Fair Trading complaint handling officer will work with the parties involved to try to reach a mutually agreeable outcome. Most disputes can be sorted out by the parties involved talking through the issues, with the help of a Fair Trading officer.
Generally, we aim to finalise a matter within 30 days of receiving the complaint.
We can assist you with land lease community issues about:
All parties involved need to be prepared to put their points forward and listen to what the other party has to say. All parties will benefit when each is willing to negotiate and make suggestions to help settle the matter.
Fair Trading officers are qualified and skilled in handling complaints. Our officers will:
Our officers will not:
The complaint process is voluntary and its success depends on parties cooperating. We cannot force any party to continue with the complaint process.
If we cannot help the parties to agree to a resolution, either party may take their dispute to the Tribunal. Find out more at www.ncat.nsw.gov.au
We may also recommend for complaints to be forwarded to our Mediation Services Unit for formal mediation, or that you seek independent legal advice.
Applications to Fair Trading for mediation may be made by an operator, resident, home owners or their representatives.
The matter must be one where an order can be sought from the Tribunal but should not be already facing proceedings before the Tribunal.
Fair Trading will assess the matter to determine if it will be referred to:
Fair Trading may reject the application if:
With regards to an application to the Tribunal, the Tribunal may, with the consent of the parties, refer a matter to us for mediation.
It is compulsory for Fair Trading to mediate disputes about site fee increases on notice. Applications must be submitted to our Mediation Services for mediation before they go to the Tribunal.
The mediator’s role is to encourage the settlement of the dispute by helping the parties to negotiate. This would include promoting the open exchange of information relevant to the dispute and provide to the parties information about the operation of this Act relevant to a settlement of the dispute.
A mediator does not have the power to determine any matter in dispute.
A settlement agreed to in a mediation is binding as long as it is consistent with this Act. The settlement must be in writing and signed by or for the parties.
The Tribunal can make orders to give effect to any agreement or arrangement arising out of mediation.