Going to Court to resolve a tenancy issue

These fact sheets only contain general information. It is not legal advice and should not be relied on as a substitute for legal advice.

Going to Court can be overwhelming. These fact sheets provide general information to assist you through this process at the Magistrates Court. It’s helpful to find out about how the Court operates, what to expect and how to best prepare.

It’s always best to try to negotiate an outcome with the landlord/lessor before applying to court. If you and the landlord/lessor cannot resolve the dispute by negotiating, then either party may apply to the Magistrates Court to settle the matter.

The first court hearing is usually a negotiation or mediation. A Registrar assists with this process and may make orders if you negotiate an agreement with the other party.

A number of matters are settled at this stage rather than proceeding to trial.

Is the venue accessible? Can I request an interpreter?

You can contact the Court directly if you have accessibility requirements, or if you require an interpreter. Visit the website to find out more.

What do I do when I get there?

When you arrive at court, speak to court staff to let them know you have arrived. This might be the security guard at your listed court room or reception staff.

Who will be in court?

Hearings are generally private, so only you as a tenant and landlord/lessor or real estate agent, any representatives (such as a tenant advocate) and Court staff will be present. In residential tenancy matters, parties usually present their own case.

If your landlord has brought a lawyer to represent them, you can tell the court you don’t agree to the landlord being represented.

How can Circle Green help?

We have a Duty Lawyer service at the Perth Magistrates Court, on Wednesday and Thursday mornings.

The following fact sheets provide further detail and information:

Before Applying to Court
Things to consider to help you decide on going to Court.

Applying to the Magistrates Court
The process for applying to Court and what it costs.

Preparing for Court
Helpful information to help you prepare to go to Court.

Court Process
What to expect when you go to Court.

You can also contact us for legal advice prior to attending court: Get Help