Mediation and Tenancy Tribunal hearings frequently asked questions

Do I have to attend mediation?

Attending mediation is not compulsory.

Attending mediation gives you and your tenant or landlord an opportunity to talk through your problem and to work out a solution that suits you both.

If you can agree to a solution, the mediator can write down what has been agreed as a mediator’s order. Mediator’s orders can be enforced through the Court system.

Most problems are sorted out at mediation, but if you don’t reach an agreement there the next step is to go to the Tenancy Tribunal for a hearing. The Tribunal is part of the Justice system, and an adjudicator will make a final decision for you both.

Is some cases it isn’t appropriate to hold a mediation, or it’s not possible to bring the tenant and landlord together when this happens the application is sent to the Tenancy Tribunal for a Court hearing.

See the mediation for more information.

What happens if I don’t turn up to a Tenancy Tribunal hearing?

If the applicant does not turn up to a Tenancy Tribunal hearing and does not contact the Department of Building and Housing or the Tenancy Tribunal Clerk with a good reason to reschedule, the case is likely to be dismissed and costs may be awarded against the applicant for wasting Court time.

As long as the applicant turns up to the Tenancy Tribunal hearing, an order will be made, even if the other party does not appear. It is in the other party’s interest to attend a Tenancy Tribunal hearing in order to defend themselves against claims made against them, as orders made by the Tenancy Tribunal are enforceable.

How do I serve notices or documents on my tenant or landlord?

Notices to terminate tenancies, to increase the rent, to remedy a breach, or any other document or notice that is required or authorised by the Residential Tenancies Act 1986 to be given to or served on the landlord or tenant, should be served in accordance with section 136 of the Act.

• In general, if the notice or document is handed to the tenant or landlord it is served immediately.
• If it is left in their letter box or attached to the door of the property in a prominent position, it is served 2 working days after the date on which it was delivered in absence of evidence to the contrary.
• If it is properly addressed and posted, it is deemed (in absence of evidence to the contrary) to have been served on the fourth working day after the date on which it was posted.
• If it was faxed after 5 pm, it is considered to have been served on the next working day after it was transmitted, in absence of evidence to the contrary.

Although not mentioned in the Act, notices may be able to be served by email if the email address was supplied as a part of the landlord’s or tenant’s address for service or the landlord and tenant habitually use email to communicate such notices to each other. If email is used to serve a notice, it would be for the person sending the notice to prove that the notice was sent and that the other party received it. The notice would not be considered served until it was received by the other party.

How do I file an application for an order of the Tenancy Tribunal?

Applications to the Tenancy Tribunal are made by filing an Application for Order of the Tenancy Tribunal form. Filing the application form starts the legal process for resolving disputes between the landlord and the tenant.

An application fee of $20 must be paid for each application. A photocopy of the tenancy agreement should accompany the application form. If a notice to remedy has been served, photocopies should also be attached.

If rent is involved in the application, a summary of rent from the start of the tenancy must be completed and attached to the application form. Bank statements are not sufficient but should be brought to the mediation or hearing as supporting evidence if required.

The application form should be fully completed. The Tenancy Tribunal can only hear the issues raised on the application form so everything that is to be addressed and all of those things that the applicant would like the Tribunal to order should be mentioned on the application form. If there is not sufficient room on the form, additional pages can be attached to the application form but should be noted on the application form.

The name and address for service of the applicant and the other party need to be listed on the application form. Where there is more than one tenant or landlord, or the property is being managed on behalf of the owner, all of the tenants and landlords may be named on the application, and the name of the property owner should be included on the application. If the property is managed by a real estate agency, the name of the company should be written on the application rather than the franchise name. This will help to avoid difficulties with enforcement when the order has been made.

For help filling out the application form, contact us for advice on 0800 83 62 62.

See the Tenancy Tribunal for more information.

How can I enforce a Tenancy Tribunal or mediator’s order?

The Tenancy Tribunal must first seal a mediator’s order before it can be enforced. The Tribunal can only seal orders within 6 months of them becoming final orders. Once sealed, they are effectively Tenancy Tribunal orders. 

A Tenancy Tribunal order can be enforced by a private debt collector or by the Collections Unit at the District Court. Fees paid to private debt collectors are not recoverable from the person who owes the debt. Fees paid to the Collections Unit are recoverable. If the debt is for more than $3,000, interest on the debt may also be recoverable.

To have an order enforced through the Collections Unit, a current address for the debtor must be supplied. If their whereabouts is unknown the Department of Building and Housing Compliance Unit may be able to locate one.  

See the section on enforcement of orders for more information.