Types of Tenancy Tribunal Orders
Date: 2 Oct 2023
The Tenancy Tribunal can issue different types of orders after mediation or a hearing. This depends on what needs to be done to fix the issue.
Once the Tribunal has made their decision, they will issue one of the following:
- a mediator’s order (not sealed)
- a sealed mediator's order
- a Tenancy Tribunal order.
There are different types of orders
The most common types of orders are those ordering tenancies to end, money to be paid or work to be done. For example, the Tribunal can order a tenant to pay overdue rent, or a landlord to repair a property.
The Tribunal can award compensation or order work to be done up to a value of $100,000. Claims for more than this can be filed with the District Court.
Orders to regain possession of a property
The Tribunal can order a tenancy to end and a tenant to leave the property. This can happen if the tenant has:
- abandoned the tenancy
- become more than 21 days behind in rent
- substantially damaged the property or is threatening to do so
- assaulted or threatened to assault the landlord, their family or agent, other tenants, or neighbours
- broken the tenancy agreement by not putting something right after receiving a 14-day notice to remedy.
If a tenant does not leave the property when they are legally required to, the landlord can apply to the Tribunal for an order granting possession to the landlord.
Monetary orders
The Tribunal can order a landlord or tenant to pay money to the other person. These are called monetary orders.
Examples include:
- payment of overdue rent
- refund of overpaid rent
- payment for damage, cleaning, gardening or rubbish removal
- reimbursement of costs, such as urgent repairs
- payment of exemplary damages (a penalty) for legal breaches. For example, not paying the bond to Tenancy Services, seizing a tenant’s goods or denying legal access to the property
- compensation for loss of goods, or loss of use through poor repair
If you have asked for money to be paid as part of your Tribunal application, this will become a monetary order. This happens if both people agree to it at mediation or if it is ordered by the Tenancy Tribunal. You don’t have to ask for it separately on your application.
Orders to get work done
The Tribunal can order a landlord or tenant to do maintenance work or repair damage.
A work order can also allow the applicant to:
- undertake the work themselves
- charge the cost to the other person and
- give timeframes in which the work must be done.
As per Tenancy Tribunal work orders, it is important to note that neither the landlord nor the tenant can avoid complying with their obligations by making payments to each other instead of complying with health and safety requirements.
This includes areas such as smoke alarms and insulation requirements.
Some work orders will specify that a tenant must do work by a certain date and failure to do so means the landlord can get the work done to the value of the order and charge the tenant accordingly. They can also treat these costs as rent arrears.
If a tenant has a work order that says a landlord must do work and this doesn't happen, the tenant can:
- pay MBIE the rent until there is enough to do the work
- do the work and offset the cost against their rent.
Only the Tenancy Tribunal can decide whether to offer these options. If they do, the landlord or tenant must ask the Tribunal to include it in the order.
Orders for the payment of the bond
The Tribunal can order how much bond should be paid to each person involved in a bond refund dispute.
Orders for debt recovery costs
The Tribunal has the authority to compel landlords to seek reimbursement for costs incurred in recovering a debt from a tenant.
This happens when the Tribunal has ordered the tenant to repay a debt to the landlord. Landlords are eligible to claim these expenses only if the tenancy agreement explicitly grants them that right.
Order for compensation
The Tribunal can award compensation if a person has suffered a loss.
The loss must be a direct result of another person's actions or lack thereof. For example, if a landlord unlawfully disposed of a tenant's belongings without following the appropriate procedure, resulting in the tenant losing something of value.
Some Tribunal cases may include a combination of orders. For example, a tenant may receive compensation of an amount of rent paid for not being able to use a portion of the premises due to the lack of maintenance, and the tribunal may issue a work order to the landlord to get the work done, and award the tenant exemplary damages due to the landlord committing an Unlawful Act under Section 45 of the Residential Tenancies Act and not maintaining the premises.
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