Why the Tribunal is running this pilot

In recent years, the number and complexity of tenancy disputes have increased, resulting in greater demand for tenancy dispute resolution services and longer wait times for some cases. A significant proportion of applications relate to rent arrears.

The Tribunal is reviewing how applications are prioritised to help provide a more effective and efficient service while ensuring urgent matters can be addressed sooner.

What applications may be prioritised

During the pilot, applications involving:

• significant health and safety risks, and
• certain applications seeking termination of a tenancy and possession of a property due to rent arrears

may be scheduled sooner than they are under current arrangements.

The pilot introduces an additional scheduling category and applies to Priority 2(a) and Priority 2(b).

Priority 2(a): Significant health and safety risks:

This includes applications involving serious health and safety concerns, for example:

• significant mould
• methamphetamine contamination that makes a property uninhabitable
• significant water ingress
• structural issues that make a property unsafe

Applications will be assessed by a Senior Tenancy Tribunal Adjudicator, who will determine whether they are eligible to be scheduled as Priority 2.

Priority 2(b): Termination and possession due to rent arrears:

The pilot also applies to certain applications seeking termination of a tenancy and possession of the premises due to rent arrears under sections 55(1)(a) and 56 of the Residential Tenancies Act.

Eligibility criteria for rent arrears applications

To be considered for Priority 2 scheduling, applications seeking termination and possession due to rent arrears must meet the following criteria.

Applications must only include:

• termination of the tenancy and possession of the premises due to rent arrears
• recovery of rent arrears
• access to the bond
• recovery of the filing fee (optional)

Applications must meet existing legal requirements, either:

• the rent must be at least 21 days in arrears, or
• a 14-day notice for rent arrears must have been served and not complied with.

Mediation is required:

• Applications seeking termination and possession due to rent arrears must go through mediation first.
• Landlords must:
  • agree to attend mediation if they wish the application to be considered for Priority 2 scheduling
  • participate reasonably in the mediation process

If mediation does not result in an agreement, the application will likely be scheduled as a Priority 2 hearing.

Priority 2(b) hearings

Hearings for Priority 2(b) applications will generally be scheduled for 45 minutes.

A longer hearing may be required where:

• a cross-application has been lodged, or
• the application includes additional claims, for example:
  • water charges
  • damages
  • other money claims

Applicants who wish for their application to be scheduled as Priority 2 for termination and possession due to rent arrears may choose to file additional claims separately.

Applications may also be scheduled as a lower priority if:

• the applicant declines mediation
• the applicant does not participate reasonably in mediation
• the respondent lodges a cross-application
• the case requires a longer hearing

In these circumstances, applications will generally be scheduled as:

• Priority 3 for ongoing tenancies, or
• Priority 4 for tenancies that have ended.

The benefits of the pilot

The pilot is expected to:

• reduce the risk of significant financial harm caused by prolonged rent arrears disputes
• enable earlier action on serious health and safety issues
• help tenants living in unsafe conditions obtain faster outcomes
• help landlords resolve urgent tenancy matters more quickly

What is not changing

There is no change to:

• how tenants or landlords apply to the Tenancy Tribunal
• how parties access mediation services

All tenancy disputes remain important, and the Tribunal will continue to consider each application based on its circumstances and level of urgency.

FastTrack remains available where both parties have reached an agreement and want the Tenancy Tribunal to make that agreement binding.

FastTrack Resolution

Next steps

Throughout the pilot, the Tribunal will monitor:

• application volumes
• scheduling demand
• resolution timeframes

The findings will help inform future decisions about how tenancy disputes are prioritised and managed.

For more information about tenancy dispute resolution services and the pilot, visit tenancy.govt.nz/disputes.

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