If you have an issue with a particular tenant, (or your tenant has an issue with you), there is a set process to follow to try and resolve it.

The first step is to talk to your tenant (or for them to talk to you) and try and resolve the issue directly, if possible.

If there is outstanding maintenance which either party is responsible for, then the other party can issue a letter giving 10 working days to remedy.

If the issue can’t be resolved amicably, the landlord or tenant can take the matter to the Tenancy Tribunal for mediation.  There is an application fee for this of $20.  The mediator will help identify the issues and find a workable solution.  Note that the mediator doesn’t decide matters – they are there to provide an informed forum to air the issues.

If mediation is unsuccessful, the matter can be referred to the Tenancy Tribunal for a court hearing.  The Tenancy Tribunal is part of the Ministry of Justice, and at a Tribunal hearing an adjudicator will make a decision that is binding on both parties.  Orders made by the Tenancy Tribunal can be:

• Possession orders, such as evictions
• Monetary orders, usually for rents or damages, but sometimes compensation
• Work orders to fix something
• Alternative orders.

In most instances, a lawyer cannot represent either party unless the dispute is for greater than $3,000, or both parties agree. 

This material is for information purposes only. You should seek professional advice related to your individual circumstances. While The National Bank has taken care to ensure that this information is from reliable sources, it cannot warrant its accuracy, completeness or suitability for your intended use. To the extent permitted by law, The National Bank does not accept any responsibility or liability arising from your use of this information. Our lending criteria, terms, conditions and fees apply.