Tenancy mediation is available through Tenancy Services, and is often the first legal step taken to solve a dispute between landlords and tenants. If a tenant or landlord applies to the Tenancy Tribunal they will likely be asked to go to mediation before the case is referred to the Tribunal.
Applying for for mediation
If the tenant wants to access tenancy mediation services they will need to apply to the Tenancy Tribunal. If applying for mediation, the tenant should clearly state in their application that they wish for the matter to go to mediation first. However, even if they don’t do this the tenant and landlord will normally be offered mediation as the first step. The cost of the application to the Tenancy Tribunal is $20.44 including GST - this increases to $27 from 1 July 2024. This includes access to the mediation service.
Preparing for mediation
Although mediation is less formal than the Tenancy Tribunal it is still important for the tenant to prepare appropriately. This should include:
- being clear about what solution the tenant wants
- having access to any supporting documentation eg, rent records, correspondence, notices to remedy, etc
Tenancy Services have a useful pre-mediation workbook which can help the tenant work through what they want to achieve in mediation.
If the tenant does not feel confident in going through this process in English then the mediation service can organise a translator if they are asked to. It’s best to ask as early in the process as possible.
How mediation works
A trained mediator will help the tenant and landlord discuss the problem, identify the central issues in dispute and work through possible solutions. The aim is for both parties to come to an agreement. The mediator does not make a decision about what will happen – this is for the landlord and tenant to decide together.
Most mediation occurs as a three-way phone call between the landlord, tenant and mediator. If a tenant is not comfortable being on the same call or speaking directly with the landlord, they can request that they just speak with the mediator, who can go between both parties for mediation.
Being supported at mediation
If the tenant wants to bring a support person, they need to ask the mediator ahead of time. The mediator may ask the other party if they agree. The support person can’t say anything, unless everyone involved in the mediation agrees that they can.
If a tenant is allowed a support person at mediation, they could meet in person with their supporter and place the phone on speakerphone, or request that Tenancy Services also call in their support person to the call.
Mediation agreements
What happens after mediation will depend on whether an agreement was reached between the tenant and the landlord.
If an agreement was reached
If an agreement was reached the mediator will record the agreement as a mediated order, and then certify that everyone understands the agreement. A copy will be given or sent to all parties.
A mediated order is binding, once sealed by the Tenancy Tribunal and can be enforced the same way as a Tribunal order.
If no agreement was reached
If no agreement is reached, the next step is to attend a Tenancy Tribunal hearing.
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