Going to the Tenancy Tribunal

A practical guide to preparing your case. What to claim, what evidence you need, and what to expect on the day.

Before you apply: Most disputes can be resolved without the Tribunal. Try Tenancy Services' free FastTrack Resolution service first — it's faster and doesn't need a hearing.

How the Tribunal works

The Tenancy Tribunal is an independent court that resolves disputes between landlords and tenants. It's designed to be accessible — you don't need a lawyer, and filing is cheap.

Filing fee
$20.44
Time to hearing
4–6 weeks
Max claim
$100,000
Decision issued
~15 working days

The process

  1. Apply online at tenancy.govt.nz (or use a paper form).
  2. Pay the $20.44 filing fee — you can claim this back if you win.
  3. Serve the tenant — Tenancy Services usually sends a copy, but keep proof either way.
  4. Prepare your evidence — see the checklists below. Print 3 copies of everything.
  5. Attend the hearing — usually 20–45 minutes, in person or via phone/video.
  6. Wait for the written decision — issued within ~15 working days and sent by email.
  7. Enforcement — if the tenant doesn't pay, you file the order with the District Court.

Common landlord scenarios

Click any scenario to see what to claim, evidence needed, and common traps.

Rent arrears (unpaid rent)

This is the most common landlord application. You can apply as soon as rent is 21 days overdue, or earlier after serving a 14-day notice to remedy.

What to claim

  • Total arrears (calculated to the hearing date)
  • Order to pay (and optionally, termination of tenancy if still occupying)
  • Filing fee reimbursement ($20.44)
  • Daily rent until tenant vacates (if ongoing)

Evidence checklist

  • Signed tenancy agreement (shows the agreed rent amount)
  • Rent ledger — a day-by-day record of rent charged, rent received, and running balance
  • Bank statements showing (or not showing) deposits from the tenant
  • 14-day notice to remedy (if issued) with proof of service
  • Text messages / emails chasing payment
  • Receipts or records of any partial payments

How to calculate arrears

List every rent due date since the arrears started. For each: rent due (e.g. $500 weekly), rent actually paid, and the running balance. Adjudicators love a clean spreadsheet. Include today's arrears + any you'll incur before the hearing.

Common trap: Not keeping a proper rent ledger. If your only evidence is "they didn't pay" you'll struggle. A dated spreadsheet or printed ledger carries far more weight. TenancyMate tracks this automatically.
Bond dispute (damage or cleaning)

Bond refunds are usually handled by filling out a bond refund form. But if you and the tenant can't agree on who gets what, the Tribunal decides.

What to claim

  • A specific dollar amount from the bond (itemised, not a lump sum)
  • Any damages beyond the bond (if damage exceeds bond value)

Evidence checklist

  • Signed tenancy agreement
  • Bond lodgement receipt (proves you lodged it within 23 working days)
  • Ingoing inspection report with photos (dated, timestamped)
  • Outgoing inspection report with photos (same angles as ingoing where possible)
  • Quotes or invoices for repairs / cleaning / replacement
  • Age/condition evidence for anything damaged (depreciation matters)
  • Text/email communication about the damage

Fair wear and tear vs damage

Landlords can't claim for normal use — faded carpet, minor scuffs, worn-in handles. You can claim for: stains, holes, broken fixtures, damage from neglect, unauthorised alterations.

Common trap: Claiming "new-for-old". If a 10-year-old carpet was ruined, you get the current value (heavily depreciated), not the replacement cost. Bring depreciation evidence or expect a reduced award.
Common trap: Not doing a proper ingoing inspection. If you can't prove the damage wasn't there when they moved in, you won't be compensated for it.
Damage beyond the bond amount

If repair costs exceed the bond, you can claim the shortfall. If damage is intentional or reckless, you can claim the full cost regardless of bond size (from 2020 onwards).

What to claim

  • Total repair cost (less bond, if bond has been applied)
  • Categorise damage: careless vs intentional/reckless (the law treats these differently)

Evidence checklist

  • Before photos (ingoing inspection)
  • After photos (outgoing inspection, close-up + wide)
  • 2+ quotes from tradies for repair/replacement
  • Invoices once work is done
  • Proof of original age / condition (receipts, manuals, original photos if old)
  • For intentional damage: anything showing it wasn't accidental (threats in messages, witness statements, police reports)
Common trap: Missing the 4-week deadline. If you're claiming for damage, you must file within 4 weeks of tenancy end (unless you discovered it later). After that you can still apply but you'll need to explain the delay.
Breach of tenancy (pets, unauthorised occupants, antisocial behaviour)

If the tenant is breaching the agreement — unauthorised pet or occupant, using the property for something illegal, disturbing neighbours — you can apply for orders to stop the breach and/or terminate.

Step 1: Serve a 14-day notice to remedy

Before applying, send a formal 14-day notice to remedy. State specifically what's being breached and what action the tenant must take. Deliver in writing (email counts if the agreement allows) and keep proof.

What to claim

  • Order to remedy the breach
  • Termination of tenancy (if serious/repeated)
  • Compensation if you've suffered loss (e.g. neighbour pays reduced rent because of noise)
  • Exemplary damages (up to $6,500 for serious breaches)

Evidence checklist

  • Tenancy agreement showing the clause being breached
  • 14-day notice to remedy with proof of service
  • Photos/videos of the breach (e.g. unauthorised pet, damage, mess)
  • Dated records of each incident (time, what happened, witnesses)
  • Written complaints from neighbours (ideally signed, with their contact details)
  • Text/email communication with the tenant about the issue
  • Council notices or police reports if applicable
Common trap: Applying too early. If you haven't served a proper 14-day notice first, most applications get adjourned or dismissed. The notice must be specific — "your behaviour is unacceptable" is too vague. Say exactly what must stop or be fixed.
New law (Dec 2025): You can no longer refuse pets with a blanket "no pets" clause. A tenant who adds a pet after requesting permission that you unreasonably refused is not in breach.
Ending tenancy (termination / possession orders)

Applies when you've given notice but the tenant hasn't left, or the tenant is disputing the grounds for your notice.

Notice periods (May 2025 onwards)

  • No cause (periodic tenancy): 90 days
  • Owner/family moving in: 42 days
  • Sale of property: 42 days
  • Major renovation / demolition: 90 days
  • Fixed-term ending (no auto-rollover): 21–90 day window before end date

What to claim

  • Possession of the property
  • Compensation for any period the tenant stayed past the notice expiry (daily rent rate)

Evidence checklist

  • Signed tenancy agreement
  • Termination notice with proof of service (signed delivery, tracked email, text with read receipt)
  • Evidence supporting the grounds given (e.g. sale and purchase agreement, family member's details, demolition consent)
  • Communication with tenant about move-out date
Common trap: Giving notice on grounds you can't prove. If you said "I'm selling" but don't actually sell, the tenant can claim retaliatory notice and you could be fined up to $6,500. Be truthful about the grounds.
Compensation (lost rent, re-letting costs, utilities)

If the tenant caused you financial loss beyond unpaid rent or damage — e.g. abandoning the property early, breaking a fixed term, leaving unpaid utility bills — you can claim those costs.

What to claim

  • Lost rent (for the period the property was vacant, up to the notice that should have been given)
  • Re-advertising and re-letting fees
  • Unpaid utilities (power, water, internet — only if in your name or explicitly their responsibility)
  • Locksmith costs if they didn't return keys
  • Rubbish removal / cleaning beyond normal

Evidence checklist

  • Tenancy agreement showing notice requirements
  • Proof of advertising (screenshots, invoices) and dates property was vacant
  • Evidence of mitigation — you actively tried to re-let (ads running, viewings)
  • Utility bills in your name showing tenant's usage period
  • Locksmith invoice
  • Cleaning / rubbish invoices
Common trap: Failing to mitigate. If you didn't actively try to re-let the property, the Tribunal will reduce your lost rent claim. Keep dated records of listings, viewings and any offers received.

Universal evidence checklist

Whatever you're claiming, bring these. Print 3 copies: one for you, one for the adjudicator, one for the tenant.

Bring to every hearing

  • Signed tenancy agreement (all pages)
  • Bond lodgement receipt
  • Ingoing and outgoing inspection reports with photos
  • Complete rent ledger (even if not about rent — shows financial history)
  • All written communication with the tenant (texts, emails, letters), printed
  • Any notices served, with proof of service
  • Quotes, invoices, receipts for anything you're claiming money for
  • A chronological timeline of events (1-page summary)
  • Your Tribunal application and any amendments
  • Photo ID

Hearing day

On the day

  • Arrive 15 minutes early
  • Dress tidy (smart casual is fine — a suit isn't expected)
  • Address the adjudicator as "Sir" or "Ma'am"
  • Let the tenant speak when it's their turn — don't interrupt
  • Stick to facts. Avoid emotional arguments or personal attacks
  • Refer to your evidence by tab or number ("as you'll see on page 3 of the rent ledger…")
  • If you don't know something, say "I don't know" — don't guess
  • Bring a pen and notepad for your own notes

What the adjudicator will ask

After the hearing

You'll get a written decision by email within 15 working days. If you win and the tenant doesn't pay voluntarily, you can file the order with the District Court and use normal debt collection (attachment orders, credit default listing, etc.).

Useful links

Keep your paper trail tidy

TenancyMate automatically tracks rent ledgers, stores inspection photos, and timestamps every payment — so when you need to take a tenant to the Tribunal, your evidence is already organised.

Start your 30-day free trial