Understanding Tenancy Tribunal Outcomes and Orders in New Zealand
A practical guide to Tribunal outcomes for landlords and tenants
Disagreements during a tenancy can happen, but when they can't be resolved through conversation or mediation, the Tenancy Tribunal steps in. It’s a practical, accessible way to resolve disputes between landlords and tenants under the Residential Tenancies Act 1986.
At Birds Nest Property Management, we support both parties in understanding their rights, responsibilities, and the possible outcomes.
What Is the Tenancy Tribunal?
The Tenancy Tribunal is a specialist court that makes decisions about rental disputes. It's less formal than a traditional court (no lawyers are required) and is designed to be accessible to everyday New Zealanders. Either a landlord or tenant can apply if they believe the other party has breached the tenancy agreement or the law.
Common Reasons for Tenancy Disputes
Tenancy disputes that reach the Tribunal usually start with an unresolved issue between the landlord and tenant. These are the most common reasons for applications:
Rent arrears
Damage to the property
Bond disputes
Maintenance or repairs not being completed
Unlawful entry
Breach of notice or agreement terms
Mediation:
The First Step in Resolving Disputes
Before a case reaches the Tribunal, most applications go through mediation. This is a free, confidential service offered by Tenancy Services, where both parties work with a trained mediator to reach a mutual agreement without needing a formal hearing.
Mediation is often quicker, less stressful, and more flexible than a Tribunal hearing. If an agreement is reached, it’s written into a Mediation Order, which is legally binding, just like a Tribunal decision.
What Happens If Mediation Doesn’t Work?
If mediation doesn’t lead to an agreement, the case automatically progresses to a Tenancy Tribunal hearing. This is more formal, but still accessible. A Tribunal adjudicator (like a judge) will review all the evidence from both parties and make a final, enforceable decision.
At this stage, it’s important that both landlord and tenant are well-prepared. This means bringing:
A copy of the tenancy agreement
Rent records or arrears summaries
Inspection reports
Photos or videos of damage or concerns
Any written communication related to the dispute
Each side will have a chance to explain their side, present evidence, and ask or answer questions. Once all information has been considered, the adjudicator will issue a decision—called a Tribunal Order.
Common Outcomes and Tribunal Orders
1. Monetary Orders:
Used when one party owes money to the other. This could include:
Outstanding rent or bills
Compensation for damage or cleaning
Reimbursement for the cost of filing the application
2. Possession Orders
These orders allow a landlord to regain possession of the property, usually in cases of serious rent arrears, notice expiry, or significant breaches.
3. Work Orders
The Tribunal may require:
A landlord to complete necessary repairs (e.g., fixing a heater or leaks)
A tenant to remedy damage they caused
Work orders will come with a clear deadline for completion.
4. Bond Refund Orders
If there's a disagreement over how the bond should be split, the Tribunal decides how it will be allocated. Deductions must be backed by evidence, such as photos, invoices, or inspection reports.
5. Name Suppression Orders
If one party applies, and it’s granted, the Tribunal may suppress their name from being published in public decisions, this is common in cases where the party has acted in good faith.
After the Tribunal
Tribunal decisions are legally enforceable. If an order isn't followed (for example, a payment isn’t made), the affected party can apply for enforcement through the Collections Unit or District Court. This can include wage deductions or recovery of property to settle the debt.
Where to Get Help
For more information about your rights and obligations, or how the Tribunal process works, visit:
How We Support You
At Birds Nest Property Management, we help our clients prepare for the Tribunal process, whether it’s gathering documentation, attending mediation, representing you at a hearing, or following up on an order.
Our goal is to resolve disputes professionally, with fairness at the core.
Got a question or need advice? Contact our team today, we're here to help.