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tenancy

How to report a non-compliant landlord

Key Takeaway

Tenants can report non-compliant landlords in New Zealand through formal channels if direct communication fails. Applications can be made to the Tenancy Tribunal for breaches of the Residential Tenancies Act 1986, such as failing to maintain premises, unlawful entry, or not lodging a bond. The Tribunal can order landlords to comply with their legal obligations.

Reporting a Non-Compliant Landlord in New Zealand

In New Zealand, residential landlords have specific obligations under the Residential Tenancies Act 1986 (RTA 1986), the primary legislation governing residential tenancies. When a landlord fails to meet these obligations or breaches a tenancy agreement, tenants have pathways to report non-compliance and seek resolution.

What Constitutes Landlord Non-Compliance?

A landlord is considered non-compliant if they fail to meet their responsibilities as outlined in the tenancy agreement or the Residential Tenancies Act 1986 (RTA 1986). The RTA 1986 outlines numerous obligations for landlords, including:

  • Maintenance and Cleanliness: Providing the premises in a reasonable state of cleanliness and maintaining them in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(a) and (b)].
  • Health and Safety: Complying with all requirements in respect of buildings, health, and safety under any enactment that apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(c)].
  • Quiet Enjoyment: Allowing the tenant quiet enjoyment of the premises, meaning the tenant can live in the property without unreasonable interference from the landlord [Source: Residential Tenancies Act 1986, s 45(1)(d)].
  • Bond Lodgement: Lodging any bond money received from the tenant with the Chief Executive of the Ministry of Business, Innovation and Employment (MBIE) within 23 working days of receipt [Source: Residential Tenancies Act 1986, s 18(1)]. Failure to do so is an unlawful act [Source: Residential Tenancies Act 1986, s 45(1A)(a)].
  • Unlawful Entry: Entering the premises only under specific conditions and with appropriate notice, as outlined in the Act. Unlawful entry is an unlawful act [Source: Residential Tenancies Act 1986, s 45(1A)(c) referencing s 48].
  • Other Unlawful Acts: The RTA 1986 also specifies other unlawful acts, such as interfering with services (e.g., gas, electricity) [Source: Residential Tenancies Act 1986, s 45(1A)(b) referencing s 40A], taking prohibited payments other than rent or bond [Source: Residential Tenancies Act 1986, s 45(1A)(d) referencing s 17], or failing to provide a written tenancy agreement [Source: Residential Tenancies Act 1986, s 45(1A)(f) referencing s 13].

Initial Steps for Tenants

When a landlord is not complying with their obligations, tenants are generally expected to attempt to resolve the issue directly with the landlord before taking formal action. This process typically involves:

  1. Direct Communication: Contacting the landlord to explain the issue and request that they remedy the non-compliance. This can be done verbally in the first instance.
  2. Formal Written Communication: If direct communication does not resolve the issue, it is advisable for the tenant to send a formal letter or email to the landlord. This communication should clearly state the nature of the breach, refer to the relevant section of the tenancy agreement or the RTA 1986, specify what action is required from the landlord, and set a reasonable timeframe for the remedy. Keeping records of all communication, including dates and details, is important.

Reporting to Tenancy Services and the Tenancy Tribunal

If direct attempts to resolve the issue with the landlord are unsuccessful, tenants can then seek assistance from Tenancy Services, which provides information and dispute resolution services. The formal process involves applying to the Tenancy Tribunal.

The Tenancy Tribunal

The Tenancy Tribunal is an independent judicial body that resolves disputes between landlords and tenants. Any party to a tenancy agreement may apply to the Tribunal for the resolution of any dispute [Source: Residential Tenancies Act 1986, s 77(1)]. The Tribunal has exclusive jurisdiction to hear and determine all applications made to it under the Act [Source: Residential Tenancies Act 1986, s 86(1)].

The Application Process

An application to the Tenancy Tribunal typically involves:

  1. Application Submission: Submitting an application form to Tenancy Services, outlining the details of the non-compliance, the desired outcome, and including all supporting evidence (e.g., written communications, photos, repair quotes).
  2. Mediation: The Tribunal's process often begins with mediation, where an impartial third party helps both parties in a dispute to reach a mutually acceptable agreement [Source: Residential Tenancies Act 1986, s 85]. Many disputes are resolved successfully at this stage.
  3. Adjudication: If mediation is unsuccessful, the dispute proceeds to an adjudication hearing. An adjudicator, an independent decision-maker, hears evidence from both sides and makes a binding decision to resolve the dispute [Source: Residential Tenancies Act 1986, s 88]. The Tribunal can make various orders, including ordering the landlord to comply with their obligations, pay compensation, or terminate the tenancy [Source: Residential Tenancies Act 1986, s 88].

Serious Breaches and Unlawful Acts

For certain serious breaches or unlawful acts, the Tenancy Tribunal can impose exemplary damages, which are payments ordered by the Tribunal to deter future breaches. For example, failing to lodge a bond is an unlawful act, and the Tribunal may order the landlord to pay exemplary damages of up to $1,000 [Source: Residential Tenancies Act 1986, s 18A]. Unlawful entry without proper notice can also incur exemplary damages [Source: Residential Tenancies Act 1986, s 48(4A)].

When to Seek Independent Legal Advice

Tenants dealing with complex non-compliance issues or those who require assistance understanding their rights and obligations under the Residential Tenancies Act 1986 can seek independent legal advice. Information and guidance are available from Community Law Centres and Tenancy Services.

Key Resources