Common Tenancy Tribunal Disputes and How They Are Resolved

November 2024

Reading Time: 3 Minutes  

Each year, thousands of tenants and landlords turn to the Tenancy Tribunal to resolve conflicts. In the September quarter alone, 7,000 applications were made, with several common issues emerging. In a breakdown of the cases by RNZ, rent arrears were found to top the list, making up more than 60 percent of all cases.  Other common areas of dispute were bond refunds, tenancy terminations, and compensation claims.

Rent Arrears Dominate Tribunal Applications

Rent arrears were the leading cause of disputes, with 4,484 applications filed in the most recent quarter. Landlords and tenants have found themselves in challenging situations where substantial arrears are owed. In one notable case, a tenant was ordered to pay more than $10,000 in back rent to avoid termination of their lease.

Bond Refund Disputes

Another recurring issue was bond refunds. Nearly 3,000 applications were made in the September quarter, with tenants often seeking a refund after a tenancy ends. Disputes often revolved around the tenant and landlord disagreeing on the property condition or unpaid rent.

Termination and Possession Cases on the Rise

More than 2,500 cases involved tenancy termination or possession disputes. In one instance, a tenant who had agreed to vacate the property at the end of a fixed-term tenancy attempted to retract her notice. The Tribunal ruled that the notice was binding, and the landlord was granted possession of the property.

Compensation and Damages

Compensation cases also made up a significant portion of the applications, with tenants seeking damages for issues like improper notice or retaliatory eviction. In one case, a tenant was awarded $2,000 in exemplary damages after a landlord’s retaliatory actions in response to a complaint about insufficient notice for an inspection.

Read more: Landlords Fined Following Invalid Termination Notices and Communication During Notice Period Negotiations Highlighted in Tribunal Case.

Tenancy Tribunal Delays

While the Tenancy Tribunal aims to resolve disputes efficiently, many landlords and tenants face significant delays. Property investors have recently expressed concerns over the time it takes to receive a hearing date, with it currently taking 4-6 weeks or more to schedule a Tribunal Hearing.

Crockers’ View

At Crockers, we recognise that Tenancy Tribunal disputes often arise from miscommunication or differing expectations between landlords and tenants. In our experience, regular communication, mutual respect, and ensuring that expectations are clearly defined and understood from the outset of a tenancy significantly reduce the likelihood of such issues.

We understand that achieving this requires extra effort and time, but it consistently delivers the best outcomes for all parties involved. By fostering positive landlord-tenant relationships from the start, we aim to create smooth tenancy experiences that avoid common conflicts like rent arrears, bond disputes, and termination disagreements. For us, prevention is key to long-term success and positive outcomes for both landlords and tenants.

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.

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