Receiving a tenancy tribunal application is a landlord's nightmare, especially when the prospect of a fine is on the table. When dealing with the tenancy tribunal, there is a lot to know, and not having the expertise to deal with it can not only be stressful for the landlord but can also result in a messy outcome.
Understanding the tenancy tribunal process, knowing your obligations as a landlord, and how to effectively support yourself during a hearing if the situation arises is the best place to start. We've broken down the main points you need to know about the tenancy tribunal and the tenancy hearing process to help if you're preparing for a hearing or want to avoid one in the future.
The tenancy tribunal deals with tenancy issues in residential properties, its purpose is to assist tenants and landlords to resolve conflicts. These hearings are faster and cheaper than normal court hearings and only require the landlord, tenant, and an adjudicator to attend. The adjudicator hears the dispute, from both sides, and makes a decision. During the hearing, each person presents any records and evidence they have and can invite witnesses to speak.
Tribunal hearings can decide if:
Depending on the dispute, the adjudicator can give an order for:
A tribunal hearing is not the same as a traditional court; it is intended to resolve tenancy disputes quickly. You are not represented by an attorney at the hearing, and there are no judges. An adjudicator oversees each hearing and makes a decision after analysing the evidence presented and the answers to questions they have asked. They must be persuaded ‘on a balance of probabilities’ that the tenant or the landlord has breached the tenancy agreement and is likely to suffer a loss as a result.
As a landlord you will be representing yourself, which is why it is important to make sure that you are well prepared. You can invite any witnesses to come to the hearing if you believe it will help your case. If you want to attend the hearing but cannot be in the area, you can arrange to participate by phone conference. Once the adjudicator has made a decision, the tenant and landlord must obey the order. All tribunal orders are publicly available on the Ministry of Justice website and from the District Court where the hearing took place. You can ask for suppression of your name at the hearing and this may be granted if your application is wholly or substantially successful.
Tribunal hearings can be a daunting experience, especially for those who have not experienced them before. Even though they are less formal than a normal court hearing, you still need to know the rules and procedures to make sure that you support your case to the best of your ability. To help plan ahead we have sourced some great advice from a great online resource: tenancy.govt.nz.
How to better prepare for a tribunal hearing:
Whether you have a property manager or not, you can arrange for one to assist you in your hearing. If you already have a property manager looking after your property, they will already have the required paperwork needed to help support the case. They will complete all the preparation needed to professionally present the issues and they will represent you at the hearing.
A property manager can be extremely useful, especially in situations where:
If you self-manage and have limited time to prepare, are unfamiliar with rental law, or are unclear about any of the hearing process, having a property manager to support you can be a lifeline. The tenancy tribunal is often a complicated and tense place to be. As a landlord, you will face the challenges of the tribunal if the property in question is mismanaged. Fortunately, the stress and hassle of the tribunal can be successfully dealt with by an experienced property manager. If meticulous record-keeping is a drain on your time and energy, then outsourcing your property management could be the best investment you can make.
To take the responsibility off your shoulders, get a free rental property assessment today. With McDonald Real Estate, you won’t be trapped in any long-term contracts. We’re here to make your rental property work for you, not the other way around.