Property Management

Rule One in tenancy rows: be ready

Claims OF blood stains on the walls, a floor so saturated with damp that it rotted through, a house gutted for a P-lab and landlords trying to fleece tenants of their bonds - two ordinary days at the tenancy tribunal in Auckland.

Tuesday, November 15th 2005

Most disputes between landlords and tenants are resolved through mediation, but about 20,000 cases a year reach the tribunal and about 80% of those are brought by landlords.

It is cheap and fast justice, and it has to be, but watching the procession of claimants file through the system, it is clear that landlords, and even professional property managers, are failing to follow even the simplest rules of conduct when preparing for their day in court.

The tribunal looks like a criminal court, but should not be mistaken for one.

Tenants, no matter what their past, have no "past record" with the tribunal.

Nor should a tenancy tribunal be viewed on a par with a civil court. They tend to rule on low value disputes, so tenancy tribunals have to be speedy and can decide cases on much lower levels of proof than higher courts.

And because they deal in low amounts (damage to blinds, two weeks' rental arrears, etc), the tribunals prefer to avoid costly adjournments and rehearings, so justice can feel summary, though the decisions are binding.

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