Tenancy A-Z

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

Enforcement of a mediator’s order or Tenancy Tribunal 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 . The Tribunal may make an order to give effect to a provision in a tenancy agreement that requires the debtor to reimburse the creditor for reasonable expenses incurred in recovering any overdue payment owed under an order of the Tribunal.

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’s Compliance Unit may be able to locate one. To have a search done, complete an Application for contact information form to assist with enforcing Tenancy Tribunal orders and send it to the address at the bottom of the form along with a copy of the Tenancy Tribunal Order. If an address can be found it may be given to the Collections Unit to assist with the enforcement of the order. The applicant will be notified whether or not an address could be found.

Entry into the premises

The landlord may enter into the property either:

with the consent of the tenant; ,
with notice;
pursuant to a Tenancy Tribunal order; or
without consent or notice in an emergency.

Landlords do not need to give notice to enter onto the grounds or into facilities. Facilities, in relation to a tenancy agreement (other than a boarding house tenancy agreement) includes all facilities provided by the landlord for the use and enjoyment of the tenant otherwise than as a part of the premises that are the subject of the tenancy agreement. These may include such things as land or buildings for storing or parking motor vehicles, laundry facilities, cooking facilities, lifts and stairways, rubbish storage and disposal facilities, toilet and washing facilities, appliances for heating or cooling the property, communication facilities, recreational areas, lawns, gardens and outhouses.

Although landlords do not need to give notice to enter onto the grounds or into facilities, they do have to avoid unreasonably interfering with the tenant’s peace, comfort and privacy in use of the property.

To inspect a property, the landlord must give at lease 48 hours’ notice. This cannot be given more that 14 days ahead of time. Only one inspection can be done in any period of 4 weeks. Inspections must be conducted between 8 am and 7 pm.

To carry out necessary repairs or maintenance, the landlord needs to tell the tenant the reason for entry and give the tenant at least 24 hours’ notice. Repairs should be done between 8 am and 7 pm.

The landlord needs the prior consent of the tenant to enter the property at any reasonable time to show the property to:

prospective tenants;
prospective purchasers;
a registered valuer who is engaged in the preparation of a report;
a real estate agent engaged in appraising, evaluating, or selling or otherwise disposing of the premises;
an expert engaged in appraising or evaluating the premises; or
a person who is authorised to inspect the premises under any enactment.

The tenant cannot unreasonably refuse consent but may attach reasonable conditions to their consent.

The landlord must not use force or threat of force to enter or attempt to enter the property while the tenant, or any other person with the tenant’s permission, is in the property. A landlord who does this may be liable for a fine or imprisonment.

In the case of a boarding house tenancy, a boarding house landlord may enter the boarding house at any time.

A boarding house landlord may enter a boarding room without notice:

With the tenants consent freely given at, or immediately before the time of entry (if the room is shared, this means the consent of any tenant of the room)
if the landlord believes on reasonable grounds that there is an emergency, or that there is serious risk to life or property, and immediate entry is necessary to reduce or eliminate that risk or save life or property
where entry is necessary to provide services that the landlord and tenant have agreed to, as long as entry is in accordance with the conditions of the agreement or house rules
in accordance with an order from the Tenancy Tribunal.

A boarding house landlord may enter a boarding room, after giving 24 hours’ written notice to the tenant (or to each tenant if the room is shared):

to inspect the room, if no entry for that purpose has been made within the last 4 weeks
to inspect the room, if the landlord believes the tenant has abandoned the rooms, or breached the Act in another way
to show the room to a prospective tenant or purchaser,
where entry is necessary to enable the landlord to fulfill their obligations under the Act
to inspect work the landlord required the tenant to carry out, or the tenant agreed to carry out
to show the room to a registered valuer, real estate agent or building inspector engaged in the preparation of a report.

When entering a boarding room, the boarding house landlord:

must not interfere with the tenant’s property, unless it is necessary to achieve the purpose of entry; and
must do so in a reasonable manner; and
must not stay in the room longer that is necessary to achieve the purpose of entry