What is the Tenancy Tribunal, and When Should You Go?  

The Tenancy Tribunal originated in New Zealand with the passing of the Residential Tenancies Act 1986 and is essentially an independent forum designed to resolve disputes between landlords and tenants.  

 The Tenancy Tribunal can (amongst other things) resolve the following legal issues:

  • Unpaid Rent or Damages: Landlords can apply for orders to recover unpaid rent, utilities, or costs for damage beyond fair wear and tear. 
  • Bond Disputes: Disagreements over the release or deductions from the tenancy bond are very common. 
  • Breaches of Tenancy Agreement: This could include noise complaints, unauthorised occupants, or a landlord failing to maintain the property. 
  • Notice Periods and Termination: Disputes arising from incorrect notice given, or disagreements over the validity of a tenancy termination. 
  • Unlawful Entry or Harassment: Tenants can seek remedies if a landlord enters the property without proper notice or engages in harassing behaviour. 
  • Property Maintenance and Repairs: If a landlord isn’t fulfilling their obligations to maintain the property, a tenant can seek an order for repairs to be carried out. 
  • Rent Increases: If a tenant believes a rent increase is unlawful or excessive. 

Orders made by the Tenancy Tribunal are final and binding on all parties to the proceedings.

Filing an Application 

If you are either a landlord or a tenant, you can initiate the process by completing an online application form, outlining the nature of the dispute, the relevant dates, and what outcome you are seeking. There is a $28 fee associated with lodging an application, though this can sometimes be waived or recovered later. 

Once an application is filed, it’s typically served to the other party, who then has an opportunity to respond. 

Mediation and Hearings: What to Expect 

Many disputes are first directed to mediation. This is a less formal, confidential meeting facilitated by a trained mediator. The goal is for both parties to reach a mutually agreeable settlement without the need for a formal hearing. Mediation is often quicker and less stressful, and if a settlement is reached, it becomes a legally binding agreement. 

If mediation is unsuccessful or if the case is deemed unsuitable for mediation, it proceeds to a hearing. You are not usually permitted to be represented by a lawyer in the tribunal unless you’re involved in a dispute where the amount in dispute is over $6,000, the issue is complex, or if the other party has a lawyer. 

During the hearing, both parties present their evidence, call witnesses, and cross-examine the other side. The Adjudicator will listen to all the evidence and make a legally binding decision, known as an Order. In some cases, the Tribunal may decide matters “on the papers” without a hearing, but this is not applicable for tenancy terminations or landlord entry disputes. 

Appeals and Rehearings 

If a party believes there has been a substantial miscarriage of justice, they can apply for a rehearing. Appeals from the Tribunal’s decisions can be made to the District Court, and further appeals on points of law can be made to the High Court and, with leave, to the Court of Appeal. Judicial review is also an option in certain circumstances.  

Risks and Rewards: Weighing Your Options 

Going to the Tenancy Tribunal comes with both potential benefits and drawbacks.

Rewards:

  • The Tribunal’s orders are enforceable by law, providing a definitive end to the dispute. 
  • The Tribunal is an independent body, ensuring decisions are made based on the evidence and the law, not emotional bias. 
  • It offers a relatively affordable and accessible way for individuals to resolve complex legal disputes without needing expensive lawyers (though legal representation is allowed). 
  • Successful applicants can recover unpaid rent, damages, or bond money. 
  • The Tribunal can order landlords to carry out repairs or tenants to remedy breaches of their agreement.

Risks:

  • While generally cheaper than court, there are application fees, and you might incur costs if you choose legal representation. 
  • The process can take time, from filing the application to receiving an Order, especially if a hearing is required. 
  • Any legal process can be stressful, requiring careful preparation and potentially confronting situations. 
  • There’s no guarantee of winning. The Adjudicator’s decision will be based solely on the evidence presented, and you might not get the outcome you hoped for. 
  • A Tribunal Order against you (especially a landlord) can sometimes be publicly searchable, potentially impacting future rental opportunities. 
  • While orders are binding, enforcing them (e.g., getting a tenant to pay damages if they have no assets) can sometimes be a further challenge. 

 

The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.

*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.