How To Avoid Trouble With The Tenancy Tribunal

How to avoid trouble with the Tenancy Tribunal – what every landlord needs to know

Last year, applications to the Tenancy Tribunal jumped by 14%, up to 29,000.  While a large chunk was from landlords chasing rent arrears, the proportion of tenant-initiated complaints rose significantly.   We expect this trend to continue, especially now that tenants can hold their landlords to account for substandard heating, insulation and ventilation.  It’s important landlords are prepared. 

Why are more tenants making complaints to the Tribunal?

• Renters as a proportion of the population are increasing and the high cost-of-living is motivating more of them to act when they are treated unfairly.
• Tenancy laws have changed a lot in recent years, and many private landlords don’t understand their new responsibilities or have incorrectly assumed the legislation would have ‘no teeth’ ie. Not be enforceable on a large scale.
• Tenants are generally better informed about their rights under the new legislation and feeling braver about speaking out when they are not treated fairly thanks to online advocacy tools and high-profile media coverage.
• New tensions and opportunities for disagreement have been introduced following the return of “no cause” 90-day terminations, reduced notice periods, and procedural changes for fixed-term tenancies.
• Streamlined processes within the Tribunal itself make it less daunting for tenants to escalate an issue now.  For instance, there is now an option to fast-track dispute resolution and also to apply for name suppression. 

Has Healthy Homes opened the floodgates?
Right now, about ¼ of all tenant applications to the Tenancy Tribunal are in relation to Healthy Homes non-compliance. This is a significant number but it’s too soon to tell if the floodgates have opened given the last changes only came into force on 1 July 2025.
What is important to note, however, is that change is in the air; Healthy Homes and the upcoming pet laws are helping tenants feel more supported and secure in their rental accommodation.  This will translate to a more stable rental market, with longer tenancies; this is important given there will be 1.7 million renters in New Zealand by 2030.

Advice for landlords:
Ultimately, the best way to avoid being taken to the Tribunal is to know the law and to do the right thing because what's clear is that tenants are no longer afraid to take action. Other key points to consider are: 

• Tenancy laws are always changing, and the onus is on landlords to stay up to date.
• Tenancy agreements must be clear, comprehensive and accurately reflect any recent legislative changes. 
• Property managers make it their job to understand and interpret tenancy law, craft watertight agreements, manage disputes and represent landlords, including at any Tribunal proceedings – however, waiting until a tenant issue has escalated is usually too late to benefit from their support.