Making an application about rent arrears - using Section 55

You can use Section 55 of the Residential Tenancies Act when the rent is more than 21 days in arrears and you wish to sort this out or end the tenancy.

This information sheet will help complete the Application for Order of the Tenancy Tribunal form so that it can be processed quickly and accurately.

For more information contact the Department of Building and Housing free phone 0800 TENANCY (0800 83 62 62) or visit www.dbh.govt.nz.

‘Details of application’ section

In the ‘Details of application’ section make sure you:

• request that the Tribunal make the following Orders:
  • Order for payment of rent arrears.
  • If all the rent arrears are not paid as agreed, order for termination of tenancy with vacant possession to landlord under Section 55 of the Residential Tenancies Act.
  • Order for release of the bond of $_____to the applicant.
    
• explain in the ‘Reasons’ section that the rent is in arrears by more than 21 days and state the date the rent is paid up to. Do not include rent-in-advance. The arrears cannot include any money due for rent beyond the date your application is lodged.

Submitting your application

You can make an application online at www.dbh.govt.nz and pay the $20 application fee with your Visa or Mastercard.

You can also complete a paper form and send by mail to PO Box 50546 Porirua, fax to 04 237 1058, or email to ttapplications@dbh.govt.nz. You must pay the $20 application fee at Westpac bank or by purchasing pre-paid stickers from the Department of Building and Housing before submitting your application.

Forms and information are available from the Department of Building and Housing free phone 0800 TENANCY (0800 83 62 62) or from your local Citizens Advice Bureau.

Other information to include with your application

• A copy of your Tenancy Agreement
• A Rent Arrears summary clearly showing the missing rent payments (see www.dbh.govt.nz for templates).