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  • Advice wanted for dealing with Tribunal

    Hello All,

    I'm off to the Tenancy Tribunal for this first time this week and am putting all of my information together to build up my case into a properly worded statement. My issue is that I've had different answers from difference sources over what the Adjudicator is wanting to hear. Some websites say that you should be as brief as possible with your opening statement, but others say you should be highly detailed.

    I've read accounts of people getting cut off by adjudicators before they even get halfway through their argument.

    Any other advice for a first time Tribunal Attendee?

    Thanks

  • #2
    My experience has been it is best to write out a timeline showing the exact dates each of the relevant events occurred.
    Give copy to the adjudicator at the start, and a copy to the other party if they appear.
    Make it as accurate as possible - if you can create the impression that you are organized and businesslike you are more likely to be given the benefit of any doubt.

    Comment


    • #3
      Perfect! I was working on making it into a timeline but was worried that they would want more information out of it. Thank you so much for the advice, I really appreciate it.

      Comment


      • #4
        Sorry, another question. Is it worth quoting the section number of the tenancy act that you've found the other party not upholding? Don't want to look either unprepared or like I'm belittling the adjudicator.

        Comment


        • #5
          Quoting the RTA section number is helpful, rather than belittling. Or should be.

          Each reasonably brief item in your sequential events list should be supported by more detailed explanation sheets that you have in your hand. That way, if asked, you can give a fuller explanation of the point you are questioned about.

          You may be asked to provide a copy of any explanations, so, despite the waste of trees, one point and one explanation per page, in triplicate. One for you, the Tribunal and the tenant[s].

          Sometimes, tenants can dig the grave of their own demise. If that happens, sit tight, quiet and impassive, and be thankful you know about the first law of holes.

          Best of luck. It will help.
          Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

          Comment


          • #6
            Hoping someone can answer a fundamental question.
            The TT has a list of maximums for exemplary damages. Schedule 1A "Amounts for unlawful acts"

            Now does that mean that unlawful acts are scaled from most serious $1000 to least serious $1. Or does it mean some unlawful acts are worth say $50,000 damages result in $1000 damages whilst unlawful acts worth $2000 still equate to $1000.

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            • #7
              Originally posted by Keltro View Post
              Hoping someone can answer a fundamental question.
              The TT has a list of maximums for exemplary damages. Schedule 1A "Amounts for unlawful acts"
              Now does that mean that unlawful acts are scaled from most serious $1000 to least serious $1. Or does it mean some unlawful acts are worth say $50,000 damages result in $1000 damages whilst unlawful acts worth $2000 still equate to $1000.
              I got a reply from the chief adjudicator. She states that they can't answer my question so have referred my query to the Justice Department.
              So the adjudicators don't know how damages should be applied...... mind boggling!!

              Comment


              • #8
                An interesting sidebar for you. The Tenancy Tribunal may issue restraining orders against a tenant who commits an unlawful act. For example, removal of smoke alarms.

                Do they keep a register of these restraining orders?

                NO.
                www.3888444.co.nz
                Facebook Page

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                • #9
                  What RTA section would the TT use for a Restraining Order? And what would be the penalties for a breach? And how would the breach be proven? And when would . . .
                  Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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                  • #10
                    1) Section 109A

                    2) Section 109A

                    3) Just the same as the first breach

                    4) Who knows? The TT doesn't keep records

                    5) ................
                    www.3888444.co.nz
                    Facebook Page

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                    • #11
                      Hi Amyre1994

                      It pays to be as highly detailed as possible which is accompanied with emails between yourself and the tenant, photographs before and after, condition reports, building reports / moisture tests - depending on what your claiming.

                      If an adjudicator cuts you off and you lose the case then you can apply for either an appeal or re-hearing as the procedure of the adjudicator is not seen as being fair and reasonable.

                      Never interrupt the adjudicator or tenant when they are talking, just sit patiently until its your turn.

                      Have three copies; one for yourself, the ad, tenant

                      Write notes whilst the others are talking and if you identify any discrepancies

                      Don't have photographs on your phone / tablet or laptop as the adjudicator won't accept that

                      Hope that helps
                      Fraser Wilkinson
                      www.managemyrental.co.nz
                      Wellington / Lower Hutt / Upper Hutt / Porirua

                      Comment


                      • #12
                        Originally posted by Keys View Post
                        An interesting sidebar for you. The Tenancy Tribunal may issue restraining orders against a tenant who commits an unlawful act. For example, removal of smoke alarms.
                        Have you ever considered this is the result of crappy smoke alarms which go off for no reason?

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                        • #13
                          Very helpful FJW good info to know!

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                          • #14
                            Originally posted by MichaelNZ View Post
                            Have you ever considered this is the result of crappy smoke alarms which go off for no reason?
                            If the smoke alarms are false triggering you'd hope that the tenant tells the LL or PM otherwise they can't do anything about it.

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