The following information was correct at the time of writing; however it’s an ever-evolving industry so we do recommend doing your own research.

For many tenants and landlords, it is unclear what steps to take when facing tenancy issues. If you are uncertain about your legal entitlements, this article is for you. We are here to help by listing the most common situations that often lead to disputes in the Tenancy Tribunal and providing guidance on the steps you can take to address them.

Tenancy Services

Tenancy Services are an agency of the government. They offer information and support to tenants, landlords, and their agents, and make sure they understand and follow Residential Tenancy Act 1986.

Tenancy Tribunal

The Tenancy Tribunal is a court that holds hearings to make decisions on problems between landlords and tenants who have not been able to reach agreement in mediation.

The Tenancy Tribunal and Tenancy Services deal with disputes about residential tenancies.

Reasons to initiate a Tenancy Tribunal hearing

Disputes can arise over a range of issues, such as rent, repairs and maintenance, bond refunds, and eviction notices. Common disputes between tenants and landlords include:

• Rent arrears: Disputes can arise if a tenant falls behind on their rent payments.
• Damage to property: If a tenant has caused damage to the property beyond normal wear and tear, the landlord may apply to the Tenancy Tribunal to seek compensation for the cost of repairs.
• Rent increases: If a landlord wants to increase the rent, they must follow specific rules and regulations. If a tenant believes that their landlord has not followed the rules, they may apply to the Tenancy Tribunal to dispute the rent increase.
• Repairs and maintenance: Disputes can arise over the responsibility for repairs and maintenance of the property. Landlords are generally responsible for maintaining the property in a reasonable state of repair, while tenants are responsible for keeping the property clean and tidy.
• Health and safety issues: If there are issues with the property that pose a health or safety risk to the tenant, they may apply to the Tenancy Tribunal to force the landlord to fix the issues.
• Bond disputes: If there is a disagreement between the landlord and tenant regarding the return of a rental bond, either party may apply to the Tenancy Tribunal to resolve the dispute.
• Breach of tenancy agreement: If either the tenant or landlord breaches the terms of the tenancy agreement, the other party may apply to the Tenancy Tribunal to seek resolution or compensation.

These are just a few examples of the reasons why a tenant or landlord might choose to initiate a Tenancy Tribunal hearing in New Zealand.

Steps to take in resolving disputes

If there are conflicts arise between a tenant and landlord in New Zealand, Tenancy Services recommend the following steps to take.

• Discuss the issue: The first step in resolving a dispute between a tenant and landlord is for the parties to discuss the issue and try to find a solution. It is very important to find out about your rights and responsibilities, and follow the processes set out in the RTA 1986, its Regulations, and other Amendments, and communicate with each other.
• FastTrack Resolution: A fast way to formalise the agreement reached between tenants and landlords after a dispute is FastTrack Resolution, which is a service provided by Tenancy Services. If the landlord and tenant have a discussion and agree on what will happen, the landlord can let the tenant know that they are going to apply for FastTrack Resolution to formalise the agreement and then apply online.
• Mediation: If the parties are unable to resolve the dispute through discussion, they can try to resolve the dispute through mediation. They must make an application to the Tenancy Tribunal.

Tenancy Services will arrange mediation services, set up a mediation meeting and provide a mediator. This may be a phone conversation or a meeting in person. During mediation, a mediator helps everyone discuss the problem, identify the issues, and produce a workable solution. Mediators know a lot about tenancy issues, but they don’t decide anything for you.

When an agreement has been reached, the mediator checks that each person fully understands what they are agreeing to. The agreement is usually written down as a mediated order which the mediator signs. Each person is given a copy of the mediated order.

A mediated order is legally binding and will usually say what happens if it is broken. If either person doesn’t do what was agreed, then the mediated order can be enforced as if it was an order of the Tribunal.

In some situations, mediation will not be an option and an application will go directly to the Tenancy Tribunal. For example:

1. the tenant has assaulted or threatened to assault the landlord’s family or agent, other tenants or neighbours.
2. where the tenant has been found to have abandoned the tenancy.
3. where the tenant has substantially damaged the property or is threatening to do so.

• Tenancy Tribunal: If mediation fails, the parties can apply to the Tenancy Tribunal for a resolution. The tenancy Tribunal appoints tenancy adjudicators, who can formalise what is agreed at mediation or can make a ruling on an issue that can’t be resolved an issue an order that is legally binding on the parties involved in the dispute.
• District Court: If the parties are not satisfied with the decision of the Tenancy Tribunal, they can either apply for a rehearing or appeal to the District Court for a review. The District Court can make a decision on the dispute, which is binding on the parties.

It’s important to note that there are specific laws and regulations that govern the relationship between tenants and landlords in New Zealand. These laws cover issues such as rent, bond, repairs and maintenance, and eviction. If a dispute arises between a tenant and landlord, it’s important to seek legal advice and follow the appropriate dispute resolution process.

Also, if you are a landlord, watch this highly informative video about what you should not do as a landlord:

More tips

• Fill in the Tenancy Tribunal application form as precisely as possible. You can find it online on this page.
• Do a Tenancy Tribunal check online. Read and analyze Tenancy Tribunal orders similar to your case. Head to the Tenancy Tribunal database to do this.
• For Tenancy Tribunal mediation, hire a Property Manager. CGPM Property Managers offer expert Tenancy Tribunal mediation services.
• If you’ve lost the case, don’t worry: apply for a Tenancy Tribunal rehearing instead. This is a hearing that you can apply for if you think the decision made was wrong legally. You have 5 working days after a decision is issued to apply for a rehearing.
• Find more tips about winning a Tenancy Tribunal hearing in this article.