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tenancy

How to apply for a Tenancy Tribunal hearing

Key Takeaway

In New Zealand, the Tenancy Tribunal resolves disputes between landlords and tenants. Applications involve submitting a form, paying a fee, and providing evidence. Many disputes first go through mediation, and generally, applications must be made within 12 months of the issue. The Tribunal can make various orders to resolve tenancy matters.

Applying for a Tenancy Tribunal Hearing in New Zealand

In New Zealand, the Tenancy Tribunal is a judicial body established to resolve disputes between landlords and tenants concerning residential tenancies [Source: Residential Tenancies Act 1986, s 67]. Both landlords and tenants have the right to apply to the Tribunal to address issues that cannot be resolved directly between them.

When an Application May Be Made

The Tenancy Tribunal has jurisdiction to hear applications regarding a wide range of disputes arising under the Residential Tenancies Act 1986 (RTA 1986) and any tenancy agreement [Source: Residential Tenancies Act 1986, s 77]. This includes, but is not limited to, matters concerning rent arrears, property damage, breaches of tenancy agreements, termination of tenancies, and bond disputes.

Pre-Application Steps

Before making an application to the Tenancy Tribunal, parties often engage in initial attempts to resolve the dispute themselves. The Ministry of Business, Innovation and Employment (MBIE) provides a free mediation service, which is a process where an independent third party (a mediator) helps disputing parties reach a voluntary agreement [Source: Residential Tenancies Act 1986, s 88]. While not always mandatory before filing an application, the Tribunal may direct parties to attend mediation after an application has been lodged [Source: Residential Tenancies Act 1986, s 88].

In some cases, if a landlord or tenant believes the other party has breached the tenancy agreement, a formal notice of breach may need to be issued, giving the party in breach 10 working days to remedy the issue, before an application can be made to the Tribunal [Source: Residential Tenancies Act 1986, s 66]. However, this notice period does not apply to all types of applications.

How to Apply to the Tenancy Tribunal

The Application Form

An application to the Tenancy Tribunal must be made in the prescribed form [Source: Residential Tenancies Act 1986, s 86(1)(a)]. These forms are available online through the Tenancy Services website or can be obtained in hard copy. The applicant (the person or party making the application) must clearly state the nature of the dispute, the reasons for their application, and the orders they are seeking from the Tribunal.

Fees

A fee is generally payable when making an application to the Tenancy Tribunal [Source: Residential Tenancies Act 1986, s 87(1)]. The specific fee amount is set by regulations. In certain circumstances, the fee may be waived, or a refund may be granted [Source: Residential Tenancies Act 1986, s 87(2)]. The application will typically not proceed until the fee has been paid or a waiver granted.

Providing Evidence

Applicants should gather all relevant evidence to support their case. This can include:

  • The tenancy agreement
  • Rent records
  • Communication (emails, text messages, letters) between the parties
  • Photos or videos of the property
  • Condition reports (e.g., initial and final inspection reports)
  • Any other documents or witness statements relevant to the dispute.

Serving the Application

Once an application is lodged with the Tenancy Tribunal, it must be properly served on the respondent (the person or party against whom the application is made) [Source: Residential Tenancies Act 1986, s 86(1)(b)]. The RTA 1986 specifies methods for serving documents, which include personal service, post, or by other means as agreed or directed by the Tribunal [Source: Residential Tenancies Act 1986, s 112 and Schedule 1]. Proper service ensures the respondent is aware of the application and has an opportunity to respond.

Time Limits for Applications

Generally, an application to the Tenancy Tribunal must be made within 12 months after the date on which the applicant first knew, or ought reasonably to have known, of the breach of the tenancy agreement or of the RTA 1986 giving rise to the application [Source: Residential Tenancies Act 1986, s 86A(1)]. There are some exceptions to this time limit, such as applications relating to rent arrears, which may be able to be pursued for longer periods, or where the Tribunal grants an extension of time in exceptional circumstances [Source: Residential Tenancies Act 1986, s 86A(2) and s 86A(3)].

What the Tenancy Tribunal Can Order

The Tenancy Tribunal has broad powers to make various orders to resolve tenancy disputes. These can include orders for:

  • The payment of money (e.g., rent arrears, compensation for damage)
  • The termination of a tenancy
  • The return of a bond
  • Specific performance of a tenancy agreement obligation (e.g., to carry out repairs)
  • Declaration of rights or obligations [Source: Residential Tenancies Act 1986, s 85].

When to Seek Independent Legal Advice

Individuals involved in a tenancy dispute may find it beneficial to seek independent legal advice. For free advice and support, individuals can contact the Tenancy Services helpline, Community Law Centres, or other advocacy groups. This information is for general guidance only and does not constitute legal advice.

Key Resources