Tenant rental dues
Question from Boniface updated on 25th June 2018:
Is there any help available when a tenant stops rental payments completely while the landlord is waiting for a Tribunal hearing? What is the quickest way to get a tenant out when a tenancy is ruled terminated by the Tenancy Tribunal?
Our expert Steve Watson responded:
Tenants are responsible for paying rent up until the date of termination. It is a breach of their responsibilities if they stop paying rent without permission from the landlord or the Tenancy Tribunal. If a Tenancy Tribunal application has been lodged by a landlord seeking termination and the tenant stops paying the rent – unless the tenant voluntarily moves out, you will need to wait until the Tenancy Tribunal hearing takes place for a decision.
You can provide updated information if anything changes from the original application (for example, if the property has been abandoned) through the Tenancy Services online application system. It is recommended that you take an updated rent summary that clearly shows the rent owing up to the day of the hearing to support your claim. This will allow the Adjudicator to make the appropriate Order on the day. A Tenancy Tribunal Order granted by the Tenancy Tribunal may be taken to the Collections Unit – Ministry of Justice at the District Court to be enforced.
You can find more information about enforcing tribunal decisions here. For more on the rights and responsibilities of landlords and tenants, go to www.tenancy.govt.nz or subscribe to our e-newsletter Landlord News here.
The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.