Going to the Tenancy Tribunal can feel daunting for a tenant. For many people, it may be their first experience of 'going to court'. This can seem big and scary, but knowing what to expect can help to reassure the tenant and calm their emotions.
Tenants Protection Association Auckland has produced two useful guides for preparing for a Tenancy Tribunal hearing, one for tenants, and one for advocates.
An informal court setting
Tenancy Tribunal hearings are informal. The Tribunal makes decisions about each dispute based on the general principles of the law and the merits and justice of the case. It doesn’t have to follow strict legal technicalities.
Tenancy Tribunal hearings will usually be held at the local District Court. The layout of the room and environment can vary at different locations.
How will the Tribunal hearing be run?
Tenancy Tribunal hearings are less formal than a District Court hearing, and will be run by an adjudicator. The adjudicator will explain how the hearing will work, and should also answer any questions that the tenant may have. If the tenant is not sure about something, they should just ask.
Usually the adjudicator will work through the hearing issue by issue, giving both parties an opportunity to respond. It’s important for the tenant to understand that the Tribunal will only address issues included in the application. Other issues are not normally considered.
Typically the applicant will speak first and present their evidence and then the other party will have a chance to respond.
The tenant cannot interrupt the adjudicator or the landlord, but will always have a chance to respond. If a tenant disagrees with something that is being said, they should note down what they want to say, and raise it later when it’s their turn.
Quick tip
If a tenant needs a break, or is unsure about something, they should ask the adjudicator.
Speaking to the evidence
The tenant should start by saying very clearly, and briefly, what they want and why, and then present their evidence and background information.
The adjudicator will only have a general idea of the tenant’s situation, so it’s important that the tenant is as clear as possible.
Quick tip
Children at the Tribunal
Tenants can bring their children with them to a hearing if they need to, however it can add stress to the situation and be a distraction for the tenant who is already managing quite a lot. It’s worth exploring whether a family member or friend can take care of the children during the hearing, or even at the Tribunal. If children are going to be there, it can be helpful to have some books or quiet toys on hand to keep them occupied.
When will a decision be made?
Usually a decision will not be made at the hearing, or it may only be a partial decision (such as when the tenancy will end). Adjudicators rarely provide a timeframe for when a decision will be released, so it’s a bit of a waiting game. It can take at least a month, and sometimes longer.
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