Are You Using AI to Handle Tenancy Disputes? Here’s What You Need to Know!

O*NO! Are You Using AI to Handle Tenancy Disputes? Here’s What You Need to Know! 

As a real estate agent, you’re no stranger to the hustle of managing properties, tenants, and landlords. But when tenancy disputes arise—like disagreements over bond refunds or property maintenance—things can get tricky. You might be tempted to turn to AI tools like ChatGPT or Google Gemini to draft documents or get quick answers for tribunal hearings. After all, AI seems like a fast, easy way to tackle those pesky disputes at tribunals like the Queensland Civil and Administrative Tribunal (QCAT) or the NSW Civil and Administrative Tribunal (NCAT). But using AI in these settings comes with some serious risks and rules you need to know about. 

In this blog, we’ll break down what Australian tribunals are saying about using AI, what you need to watch out for, and how to stay on the right side of the law.

What Are Tribunals Saying About AI?  

Australian tribunals like QCAT and NCAT have noticed more people, including non-lawyers like real estate agents, using AI tools to prepare for hearings. Both have issued clear guidelines to make sure AI is used responsibly. Here’s the lowdown: 

Queensland’s Guidelines (QCAT) 

 In Queensland, guidelines issued on 13 May 2024, apply to courts and tribunals, including QCAT. They warn that AI chatbots, like ChatGPT or Microsoft Copilot, aren’t a substitute for legal advice. Why? Because AI can churn out answers that sound convincing but might be wrong, especially about Australian law. For example, AI might invent fake cases or misinterpret tenancy laws, which could mess up your case. The guidelines say you can use AI for basic tasks like organising facts, formatting documents, or suggesting grammar fixes, but you should double-check everything with reliable sources like Queensland Legislation (www.legislation.qld.gov.au) or a lawyer. 

NSW’s Rules (NCAT) 

NCAT’s Procedural Direction 7, effective from 7 April 2025, is stricter. It allows AI for tasks like drafting chronologies, witness lists, or summarizing documents, but there’s a big “no” when it comes to using AI for evidence like affidavits or witness statements. Why? AI can’t capture your personal knowledge or the specific details of a tenancy dispute. NCAT also says you must verify that any AI-generated legal references (like cases or laws) are real and relevant. Plus, if you use AI for written submissions, you need to confirm in the document that you’ve checked all citations for accuracy. If you ever have disputes in NCAT, you should read the Procedural Direction carefully so you don’t fall afoul.  

As of today, no other state or territory administrative tribunals have issued guidance on the topic – but watch this space! 

How to Use AI Safely in Tenancy Disputes 

So, how can you use AI without tripping up? Here are some practical tips to keep you on track: 

• Stick to Safe Tasks: Use AI for simple stuff like formatting a timeline of events (e.g., when a tenant reported a leak) or polishing the wording of a letter. Avoid using it to write witness statements or legal arguments without heavy editing and fact-checking. Double check what you are doing is allowed in the tribunal you’re appearing in. In states such as NSW, many documents are not allowed to be created with the assistance of AI.  

• Double-Check Everything: If AI suggests a law or case, verify it using trusted sources. Don’t trust AI blindly—it’s not a lawyer! 

• Protect Sensitive Info: Never type confidential details—like tenant names, addresses, or lease terms—into public AI tools. If you need to use AI, consider platforms with strong privacy settings, and even then, be cautious. 

• Get Legal Help When Needed: AI can’t replace a lawyer’s expertise, especially in complex tenancy disputes involving big claims or tricky laws. If you’re unsure, check with a lawyer to back up your AI-generated work. 

• Be Transparent: If you use AI for tribunal documents, especially in NCAT, mention it in your submissions and confirm you’ve checked the accuracy. This shows the tribunal you’re playing by the rules. 

Conclusion 

AI can be a handy tool for real estate agents dealing with tenancy disputes, but it’s not a superhero. Tribunals like QCAT and NCAT are clear: AI can help with basic tasks, but it’s not a substitute for legal advice, and you need to be super careful. By understanding the guidelines, checking AI’s work, and protecting sensitive info, you can use AI to make your life easier without risking your case. Tenancy disputes are stressful enough—don’t let AI add to the drama! 

Key Takeaways 

• AI Isn’t a Lawyer: Use AI for simple tasks like formatting or organising facts, but don’t rely on it for legal advice or evidence in tribunals. Always check you’re allowed to use AI for a given task.  

• Check Accuracy: AI can make up fake laws or cases, so always verify with trusted sources. 

• Keep Info Safe: Don’t enter confidential tenant or landlord details into public AI tools to avoid privacy breaches. 

• Be Honest: If you use AI for tribunal submissions, especially in NCAT, say so and confirm you’ve checked the info. 

Next Steps

Ready to tackle your next tenancy dispute with confidence? Start by reviewing the QCAT and NCAT guidelines to understand AI’s limits. If you’re using AI, stick to safe tasks and always double-check its output. For tricky cases, reach out to a lawyer for expert advice. Want to learn more about staying compliant in tribunals? Book a free 10-minute chat if you have any questions.

Frequently Asked Questions (FAQ)

• Can I use AI like ChatGPT to write tribunal submissions?

  Yes, but only for basic tasks like formatting or summarizing. For legal arguments, evidence, or witness statements—especially in NSW (NCAT)—you need to verify all content and confirm it meets tribunal rules. 

• Is AI-generated legal advice reliable?

  No. AI can get facts wrong, misinterpret Australian laws, or even create fake cases. Always double-check AI-generated content using official legal sources or consult a lawyer. 

• What documents should not be created using AI in NSW?

  NCAT says affidavits, witness statements, and evidence must reflect personal knowledge—AI cannot be used to generate them. Drafts must be verified for accuracy and relevance. 

• Can I put tenant details into AI tools?

  No. Avoid sharing names, addresses, or lease info with public AI tools due to privacy risks. If you must use AI, use secure platforms—and stay cautious.

Boring legal stuff: This article is general information only and cannot be regarded as legal, financial or accounting advice as it does not take into account your personal circumstances. For tailored advice, please contact us. PS - congratulations if you have read this far, you must love legal disclaimers or are a sucker for punishment.