Deciding whether to apply to the Tenancy Tribunal

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. Sometimes a third party such as a tenant advocate, community lawyer, or social worker may be able to assist.

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.

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.

For many cases, there is no need to apply to the Tenancy Tribunal immediately. If the tenant fears retaliation or doesn’t want to risk their current tenancy, they can apply to the Tenancy Tribunal after they have moved into alternative secure housing.

It’s worth noting though, that with the new tenancy laws introduced on 11 February 2021, the tenant’s security of tenure has been strengthened and a landlord can’t just kick a tenant out when they want to.

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.

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.

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.