Trials and tribulations with Tenancy Tribunal

Question from Owen updated on 1st April 2011:

One of two tenants in my rental left. The property was in excellent condition. Rent was paid when due, two weeks in advance. I agreed that the other tenant's sister could become a tenant. Change of Tenant form was completed. When the brother & sister tenancy ended, I took Tribunal action for damage and underpaid rent. The Adjudicator found the rent claim proven but set another date to complete the case (insufficient time booked by DBH). At hearing #2, tenants said they thought they were two weeks in advance and they are right. Adjudicator has now set hearing #3 to go right back to the start of the original tenancy to check that rent was two weeks in advance. Adjudicator has already found the arrears claim proven and it clearly shows the 2 weeks in advance deduction. I have faxed her the details showing a 3rd hearing is not necessary but she has never replied. Is this fair and is another hearing necessary? Who can I complain to?

Our expert Jeff Montgomery responded:

I suggest contacting the Tenancy Tribunal clerk or the Court Registrar at the District Court where you attended the hearing, to discuss whether the third hearing is required. If the rent in advance was discussed, but the matter was not fully heard than a further hearing may be required.

If you have concerns about the process being followed by an adjudicator you can raise it with the Principal Tenancy Adjudicator: Rex Maidment Principal Tenancy Adjudicator PO Box 2124 Rotorua

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

 

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