Tracking tenant for tribunal
Question from Clifford updated on 17th January 2014:
I have taken my tenant to the Tenancy Tribunal for rent arrears. They were served with an order of judgment to make two payments, failing which the tenancy will be terminated and they have to vacate the property. They failed to make the first payment and decided to vacate the place with no service address. The name on the tenancy agreement is the daughter of the occupants. The problem here is the daughter has left for Melbourne in May leaving the parents to mend the rent. Is there a way or are there authorities that can help me track my tenant while she is in Melbourne? Appreciate your reply.
Our expert Alan Bruce responded:
Tenancy Tribunal orders can be enforced either through the collections unit at the Ministry of Justice, or through a debt collection agency. However, the Ministry of Justice is unable to serve notice of enforcement proceedings to a debtor overseas. Where a debtor is overseas, parties may consider contacting a debt collection agency to see if they are able to assist. Generally, to commence enforcement proceedings against a party named on an order (debtor) you need to provide a physical address for them. Information about enforcing an order can be found on our website by visiting: http://www.dbh.govt.nz/enforcing-sealed-order. For help and information about the enforcement processes and applicable forms, you can phone the collections unit on 0800 233 222, or visit www.justice.govt.nz/fines/civil-debt. The Ministry of Business, Innovation & Employment also provides a process in conjunction with the Ministry of Social Development (e.g. WINZ) and the Ministry of Justice where creditors of Tenancy Tribunal orders can apply for assistance locating an address for a debtor. Information about this process and the application form can be accessed on our website: http://www.dbh.govt.nz/finding-new-address. For further information you can visit our website (as noted above), or call 0800 TENANCY (0800 836 262).
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.