Are Tenancy Tribunal Cases Still Being Delayed?

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Tenancy Tribunal delays are continuing, with cases taking an average of just over eight weeks to be heard nationwide, with Auckland cases taking even longer. However, it is hoped new RTA provisions and streamlined processes will help speed up the process. 

Can Some Tribunal Cases be Settled Without a Hearing?  

Residential Tenancies Act amendments passed in December mean The Tenancy Tribunal is now allowed to make some decisions based on the papers submitted, without the requirement of an in-person hearing. Paper orders will be available from March 20. 

A proceeding may be decided by paper order if the Tribunal deems it appropriate, except for rulings on tenancy termination or a landlord’s entry to the premises. 

Read about new RTA amendments now in force. 

Have New Processes Been Put in Place to Speed Up Tenancy Hearings? 

Yes. Recent changes have been brought in to help speed up the process considering the delays. These include increased use of remote hearings and improvements to scheduling, which have reduced the time people have to wait to learn when their mediation or hearing is.

Which Areas Face the Longest Tenancy Tribunal Delays? 

Auckland's North Shore has been particularly affected, with wait times ranging from six weeks to six months. Auckland in general faces longer Tribunal delays compared with other areas of New Zealand due to a lack of availability of courtroom facilities.

What Can Applicants Do to Speed Up the Process at the Tenancy Tribunal? 

Landlords and tenants should familiarise themselves with the Tribunal's processes and understand current timelines. Getting everything in order at the application stage can help speed up the process. 

Read more about Attending a Tenancy Tribunal. 

How are Tenancy Tribunal Cases Prioritised? 

Tenancy cases are prioritised for scheduling based on the below categories: 

Priority 1: Applications concerning anti-social behaviour, abandonment, or assault. 

Priority 2: Current tenancies, particularly those with accumulating rent arrears. 

Priority 3: Vacated tenancies where the debt is not increasing, as the tenancy has ended. 

If tenants have abandoned a property, landlords can submit an 'expedited abandonment application.' However, landlords cannot regain possession of the property until the court officially transfers it back to them. This process can be initiated within 48 hours if the necessary criteria are met.  

Crockers’ View 

The ongoing delay increases the likelihood that the bond won't fully cover arrears if a tenant stops paying. Landlords should review their insurance policies to ensure they include coverage for arrears or have an alternative "buffer," particularly given the current financial pressures in the economy. 

Read about Crockers’ Debt Guarantee and Tribunal Delays. 

FAQs 

1. How can I find out if my Tenancy Tribunal case qualifies for a paper order, and what are the benefits?
   The Tenancy Tribunal will determine if your case is suitable for a paper order based on the information submitted in your application. Generally, cases that don't involve tenancy termination or landlord entry to the premises are eligible. The benefit of a paper order is that it eliminates the need for an in-person hearing, potentially speeding up the decision-making process. For more detailed information, you should refer to the Residential Tenancies Act amendments and contact the Tenancy Tribunal directly. 

2. What specific steps can I take as an applicant to ensure my Tenancy Tribunal case is processed as efficiently as possible?
   To expedite your case, ensure you are thoroughly familiar with the Tenancy Tribunal's processes and current timelines. Prepare all necessary documentation accurately and completely at the initial application stage. This includes providing clear evidence and adhering to the Tribunal's required formats. Additionally, stay informed about any new procedures, such as increased use of remote hearings, and be responsive to any requests for information from the Tribunal. 

3. Given the varying wait times, especially in Auckland, how does the Tenancy Tribunal prioritise cases, and what can I do if my case involves urgent issues like anti-social behaviour?
   The Tenancy Tribunal prioritises cases based on urgency, with the highest priority given to cases involving anti-social behaviour, abandonment, or assault are Priority 1. Current tenancies with accumulating rent arrears are Priority 2, and vacated tenancies with fixed debts are Priority 3. If your case involves urgent issues like anti-social behaviour or abandonment, ensure you clearly state this in your application and provide all relevant evidence. For abandoned properties, landlords can also submit an 'expedited abandonment application' to potentially accelerate the process, provided the required criteria are met. 
   
   

Need a hand managing your rental property? Reach out to our PM Business Development Team at pm@crockers.co.nz or call for a chat on 09 623 5952.