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Resolve a dispute with a neighbour or a tenant

We advise on neighbour and residential tenancy disputes, so you know your position before you act on it.

Disputes over fences, trees, bonds and repairs are rarely as simple as they look. Act without knowing where you stand and you can concede something you were entitled to keep, or push a claim the law does not support. We tell you what your position actually is, and help you resolve it without turning a disagreement into a case.

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Your position, before you act

You find out what the law actually supports while you can still choose how to respond.

The right process, first time

Fencing notices and SACAT applications are prepared properly, so the dispute is not lost on procedure.

Resolution ahead of escalation

We push for a negotiated outcome wherever the facts allow, because you usually have to keep dealing with this person.

Which rules apply to your dispute

Neighbour and tenancy disputes are governed by different rules depending on what the argument is about, which is part of why they are confusing.

A residential tenancy dispute sits under the Residential Tenancies Act 1995 (SA) (the Tenancies Act). Bond, rent arrears, repairs, termination and compensation are dealt with by the South Australian Civil and Administrative Tribunal, known as SACAT. It is designed to be used without a lawyer. The evidence rules still decide who wins.

A dispute between neighbours depends on the issue. A boundary fence is governed by the Fences Act 1975 (SA), which sets out a notice procedure. That procedure has to be followed before either side can recover a contribution. Trees, retaining walls, water run-off and encroachments each have their own footing.

The practical point is that the forum and the procedure are usually settled before you do anything. Doing the wrong thing first is what costs people the argument.

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My neighbour and I disagree about a boundary fence. What do I do?

Start with the notice. The Fences Act 1975 (SA) sets out a procedure for proposing fencing work and the contribution each owner should make. If you build first and ask afterwards, you may have no entitlement to recover anything. We prepare the notice and advise on what a reasonable contribution looks like for the fence you are proposing.

Can I keep the bond for damage to my rental property?

Only if you can prove it, and that is where most landlords come unstuck. SACAT will want to see a condition report from the start of the tenancy, photographs, and evidence of the cost of repair. Fair wear and tear is not damage. We advise on whether the claim is worth running and what evidence you need.

My landlord will not do repairs. Can I stop paying rent?

Withholding rent is usually the wrong move and can expose you to a termination application. The Residential Tenancies Act 1995 (SA) provides other remedies. Those include applying to SACAT for an order that the repairs be done. We advise on the right step, so you do not lose your tenancy over a repair issue.

Do I need a lawyer at SACAT?

SACAT is designed to be accessible without one, and for many matters you will not need representation at the hearing. Advice beforehand is a different question. What you file, what evidence you put on, and what you concede early usually decide the outcome. We often advise on preparation without appearing.

Knowing your position before you act is the whole game

These disputes escalate because someone acts on what they assume the law says. Advice at the start keeps options open that disappear once positions have hardened.

Most of these disputes are lost on procedure, not on the merits

A dispute has come up with a neighbour or a tenant and it is not going away on its own. You believe you are in the right, but you are not certain the law agrees.

The real difficulty is that you have to keep dealing with this person. A neighbour is still there next year. A tenant is still in your property. That is what makes people either overreact or do nothing, and both make it worse.

We will assess your position and tell you what the law supports in your dispute.
We will advise on the right forum, including SACAT for tenancy matters and the courts for some neighbour disputes.
We will prepare the applications, responses and supporting evidence.
We will pursue a negotiated resolution wherever the facts support one.

You want it resolved, without giving up something you were entitled to

Something has gone wrong with a neighbour or a tenant and it has stopped resolving itself. Maybe a fence, a tree, a bond, or repairs that are not being done.

You are not sure whether the law supports your position. You are worried that acting on your own could make things worse, or concede a point you did not have to. You want to know where you actually stand before you respond. And if it cannot be settled, you want someone to run the process properly.

What's included in your dispute advice service

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An assessment of your legal position before you act.
Fencing notice preparation and advice for boundary disputes.
SACAT application or response preparation for tenancy matters.
Advice on the evidence that will decide the outcome.
Negotiation and representation through to resolution.

What goes wrong when people act before they get advice

Landlords lose winnable claims on evidence. Bond is retained for damage that was real. But with no condition report and no photographs, SACAT has nothing to work with, and the tenant gets the bond back.

Tenants create the problem they were trying to avoid. Rent is withheld because repairs are not being done. That is rarely the right remedy, and the response is a termination application they now have to defend.

Neighbours skip the notice. Someone replaces a boundary fence, then asks for half the cost. Without the fencing notice procedure there may be no entitlement to a contribution at all, and they have paid for the whole thing.

In each case the merits were arguable. The procedure is what decided it.

How we get the dispute to an end

We start by telling you where you stand. Not what you would like to hear, but what the law supports and what you can realistically achieve. That comes before you take a step that limits your options.

Then we work out the forum and the procedure. A fencing notice, a SACAT application or response, or a letter that resolves it without either. We tell you what evidence will actually matter and help you assemble it.

Throughout, we push for a negotiated outcome wherever the facts support one. In these disputes the cost of winning badly is usually higher than the amount in issue. If it has to be heard, we represent you through it.

Three steps to resolving the dispute

Position assessed, process chosen, dispute resolved or defended.

Assess your position

We review the facts and tell you what your rights and obligations actually are, before you take any formal step.

Choose the process

We identify the right forum and prepare the fencing notice, SACAT application or response and the evidence to support it.

Resolve or defend

We pursue a negotiated outcome wherever the facts support one, and represent you through to a hearing if not.

Advice and representation on neighbour and residential tenancy disputes

These disputes take up far more room in your life than their value suggests. A fence is not worth what people spend fighting about it. Everybody involved knows that, which somehow never stops it. Most clients want the thing resolved and the relationship survivable, in that order.

We advise on both sides of residential tenancy matters and on neighbour disputes across South Australia. That includes fencing notices, SACAT applications and responses, and the evidence that actually decides these hearings. We treat formal proceedings as the last option rather than the first. We are an ISO 9001 accredited practice. How your matter is run, who does the work and what you get told are all defined and externally audited.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Ready to find out where you stand

An hour of advice at the start of one of these disputes is worth a great deal of effort later. It tells you which arguments are worth having. Tell us what has happened and we will tell you what your position is and what your options are.

Speak to a lawyer 1300 654 590