Can I have a lawyer represent me at the Tribunal?

Generally, parties must represent themselves at the Tenancy Tribunal. However, you can have a lawyer help you prepare your case. In some circumstances, such as complex matters involving significant amounts, the Tribunal may allow legal representation with permission.

What if the tenant does not attend the hearing?

If the tenant has been properly notified and does not attend, the hearing may proceed in their absence. The adjudicator will still require you to prove your case, but without the tenant present to dispute your evidence, you may find it easier to succeed.

How long does the whole process take?

The timeframe varies depending on complexity and Tribunal workload. Simple matters resolved through mediation might take a few weeks. If a hearing is required, expect four to eight weeks from application to hearing, then another one to two weeks for the written order.

Can I claim my costs and time for attending the Tribunal?

The Tribunal can award costs in some circumstances, but this is not automatic. You can include the application fee in your claim. Time spent preparing and attending is generally not compensable. Focus on the substantive issues rather than trying to recover your time.

Navigating the Tenancy Tribunal as a Landlord

No landlord wants to end up at the Tenancy Tribunal, but disputes do happen. Understanding the process helps you navigate it effectively if needed, and knowing the potential consequences can help you avoid problems in the first place.

The Tenancy Tribunal is a specialist tribunal that resolves disputes between landlords and tenants in New Zealand. It operates under the Ministry of Business, Innovation and Employment (MBIE) and handles matters relating to the Residential Tenancies Act 1986.

When to Apply to the Tribunal

Landlords may need to apply to the Tribunal for various reasons. Common applications include recovering unpaid rent, claiming compensation for property damage, seeking termination of a tenancy, or resolving disputes about bond refunds.

Common Landlord Applications:

Rent arrears: Recovering unpaid rent from current or former tenants
Property damage: Claiming compensation beyond normal wear and tear
Tenancy termination: Ending a tenancy for specific grounds
Bond disputes: Disagreements about bond refund amounts
Breach of obligations: Tenant not meeting their responsibilities

Before applying to the Tribunal, consider whether the dispute can be resolved directly with the tenant. Many issues can be sorted out through clear communication, avoiding the time and stress of a formal hearing.

The Application Process

Filing Your Application

Applications can be filed online through the Tenancy Services website or on paper. Applications cost $28. The application requires details of both parties, the tenancy, and the nature of the dispute.

Be specific about what you are seeking. If you want money for unpaid rent, state the exact amount. If you want the tenancy terminated, specify why. Vague applications make it harder for the Tribunal to help you.

Time Limits

There are time limits for filing Tribunal applications. For most claims, you have six years from when the issue arose. However, for claims related to the end of a tenancy (like bond disputes or damage claims), you should apply promptly, ideally within a few weeks of the tenancy ending.

Mediation

After you file an application, Tenancy Services will usually offer mediation before scheduling a hearing. Mediation is a confidential process where a mediator helps both parties try to reach an agreement.

Benefits of Mediation:

Faster resolution than waiting for a hearing
More control over the outcome
Less formal and confrontational
Mediated agreements are still legally binding
Confidential, unlike Tribunal orders which are public

Mediation is usually conducted by phone, making it convenient for both parties. If mediation succeeds, the agreement becomes a binding order. If mediation fails or is not appropriate, the matter proceeds to a hearing.

Preparing for a Hearing

Thorough preparation is essential for a successful Tribunal hearing. The adjudicator will make decisions based on the evidence presented, so you need to provide everything that supports your case.

Evidence to Gather

Collect all relevant documents before the hearing. This typically includes the tenancy agreement, any variations or notices, records of rent payments, photographs of damage, correspondence with the tenant, inspection reports, and receipts for repairs.

Organise your evidence chronologically and make copies for the Tribunal and the other party. Label everything clearly and prepare a summary of key points.

Witnesses

You can bring witnesses who have relevant information. This might include a property manager, tradesperson who assessed damage, or neighbour who witnessed issues. Witnesses must be able to attend the hearing and speak to what they personally observed.

The Hearing

Tribunal hearings can be held in person, by phone, or by video conference. The adjudicator runs the hearing, asking questions and reviewing evidence. Both parties have the opportunity to present their case and respond to the other party.

Hearings are relatively informal compared to courts, but you should still be respectful and professional. Address the adjudicator properly, listen without interrupting, and stick to relevant facts.

Presenting Your Case

Start by clearly stating what you are seeking and why. Walk through your evidence systematically, explaining how it supports your case. Be honest; if there are weaknesses in your position, it is better to acknowledge them than to have the other party point them out.

The adjudicator may ask questions to clarify points. Answer directly and truthfully. If you do not know something, say so rather than guessing.

Tribunal Orders

After the hearing, the adjudicator issues a written order. This usually takes one to two weeks. The order explains the decision and any actions required by either party.

Types of Orders:

Money orders: Requiring payment of a specific amount
Work orders: Requiring work to be done (e.g., repairs)
Possession orders: Requiring the tenant to vacate
Compliance orders: Requiring specific actions or behaviour
Exemplary damages: Penalties for serious breaches (up to $7,200)

Tribunal orders are legally enforceable. If a party does not comply, the other party can apply to have the order enforced through the District Court.

Appealing a Decision

If you disagree with a Tribunal order, you can appeal to the District Court within 10 working days. Appeals are only allowed on questions of law, not simply because you disagree with the outcome. Consider seeking legal advice before appealing.

Avoiding the Tribunal

The best approach is to avoid disputes that reach the Tribunal. Clear tenancy agreements, thorough documentation, regular communication, and prompt addressing of issues all help prevent disputes from escalating.

Tenancy Tribunal Landlord Guide NZ

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Key Takeaways