The Tenancy Tribunal deals only with disputes between tenants and landlords regarding tenancies that are covered by the Residential Tenancies Act (s 77(1) RTA). Disputes in renting situations that are not covered by the Residential Tenancies Act, including those arising with flatmates who have not signed the tenancy agreement and private boarders, must be dealt with through the Disputes Tribunal.
Find out more about the Disputes Tribunal
Before applying to the Tenancy Tribunal, there are a number of things that it’s good to consider.
Has the tenant tried to resolve the issue informally?
It’s always a good starting point to first consider whether the tenant and landlord can resolve the issue informally. The parties may be able to sort things out by having a discussion and coming to an agreement (self-resolution). Sometimes a third party such as a tenant advocate, community lawyer, or social worker may be able to assist.
Download the Tenancy Services guide to settling disputes by self-resolution
If informal dispute resolution isn’t successful, have an honest conversation with the tenant about what they want to do next. They might feel that a formal mediation would be more successful, or might think that’s a waste of time and want to move on to the Tenancy Tribunal. Alternatively, they might want to accept the status quo.
Does the tenant want to go to mediation first?
Going to a formal mediation first can show a willingness to listen and achieve a mutually beneficial outcome that lets the tenancy continue. It can also help to discuss grievances and hear the landlord's side in a safe environment.
Any agreement made in formal mediation is legally binding, so if the tenant is unsure, or if they don't like what is offered, the tenant is free to say no.
What’s the best timing for applying to the Tenancy Tribunal?
For many cases, there is no need to apply to the Tenancy Tribunal immediately. Tenants can apply to the Tenancy Tribunal either while they remain in the tenancy or after they have moved into alternative housing. The tenant has up to 12 months to make a claim for exemplary damages and 6 years to claim compensation.
How long will it take to get a Tenancy Tribunal Order?
After applying to the Tenancy Tribunal it can be several weeks before the hearing is held, and another week before the Tribunal Order is issued. Given the time frames involved, it’s important for the tenant to consider whether a Tribunal Order will actually help their situation or not. This will depend on whether the dispute is an ongoing one or one that needs to be addressed urgently.
How will the landlord respond to the application?
On making an application the landlord will get a copy and they may have their own grievances and concerns. These can result in a cross application, in which the landlord makes claims of their own against the tenant, such as for compensation, damages, claiming bond money, or termination of the tenancy.
When deciding whether or not to apply to the Tribunal, the tenant should consider if the landlord may have any grounds to make a cross application against them and what the impact of any cross application would be.
What are the tenant’s chances of success?
An important part of making the decision to proceed or not, is considering the likelihood of the tenant being successful in their claim to the Tenancy Tribunal. The tenant needs to have a clear basis for their claim and evidence to support it. They also need to be really clear what they hope to achieve and whether an order from the Tribunal will deliver this.
Claims up to $100,000 can be awarded
The maximum amount that the Tenancy Tribunal can award is $100,000 (or work to be done to this value) (s 77(5-7) RTA). The Tenancy Services chief executive (including the Tenancy Services Compliance and Investigations team) can make claims against a landlord with multiple tenancies to a maximum of $100,000 per tenancy.
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