Common Tenancy Disputes

Bond disputes are the most common type of tenancy disagreement, accounting for nearly half of all Tenancy Tribunal applications. These disputes typically arise when landlords and tenants disagree about deductions from the bond for cleaning, repairs, or alleged damage to the property.

Common issues include disagreements over what constitutes normal wear and tear versus tenant damage, disputes about professional cleaning requirements, and conflicts over repair costs. Landlords may claim deductions for items like carpet cleaning, garden maintenance, or minor repairs, while tenants argue these are normal maintenance costs.

The key to avoiding bond disputes is thorough documentation at both the start and end of the tenancy. Property condition reports with photos, receipts for any improvements made by tenants, and clear communication about expectations can prevent many disagreements. When disputes do arise, mediation through Tenancy Services is often the fastest and most cost-effective resolution method.

For detailed information about bond processes and your rights, see our guide on bond refund disputes.

Rent-related disputes encompass several different issues, from non-payment of rent to disagreements about rent increases and market rent assessments. Rent arrears are particularly serious as they can lead to tenancy termination and significant financial consequences for tenants.

Landlords may issue 14-day notices to remedy for unpaid rent, and if tenants don't pay within this period, the landlord can apply to terminate the tenancy. However, tenants have rights too, including the ability to challenge excessive rent increases or apply for market rent assessments if they believe their rent is significantly above market rates.

Payment disputes can also arise over additional charges like utilities, where the tenancy agreement isn't clear about who pays what. Some landlords incorrectly try to charge tenants for rates, insurance, or body corporate fees, which are typically landlord responsibilities unless specifically agreed otherwise.

Early intervention is crucial in rent disputes. Tenants facing financial hardship should communicate with their landlord immediately and seek advice about their options, while landlords should follow proper legal procedures rather than taking matters into their own hands. Our guides on rent arrears and rent increases provide detailed information about these issues.

Disputes over property damage are complex because they require distinguishing between normal wear and tear, which is the landlord's responsibility, and damage caused by tenant negligence or misuse. This distinction is often subjective and can lead to heated disagreements.

Normal wear and tear includes things like faded paint, worn carpets from normal use, and minor scuff marks on walls. Tenant damage includes holes in walls, burns, stains, or breakages caused by carelessness or misuse. The age and condition of items when the tenancy began is crucial in determining liability.

Landlords must prove that damage was caused by the tenant and provide evidence of repair costs through quotes or invoices. They cannot charge tenants for betterment – improvements that make the property better than it was before the damage occurred. For example, if old carpet is damaged and needs replacing, the tenant should only pay a proportion based on the carpet's remaining useful life.

Photo evidence from the start and end of tenancies is essential for resolving damage disputes. Both parties should document the property's condition thoroughly and keep records of any maintenance or improvements during the tenancy. For more information about damage assessments, see our guide on tenant damage.

Disagreements about repairs and maintenance responsibilities are frequent sources of tenancy disputes. Landlords must maintain their properties in a reasonable state of repair and ensure they meet healthy homes standards, while tenants are responsible for keeping the property reasonably clean and reporting issues promptly.

Common disputes arise when landlords delay essential repairs, particularly those affecting health and safety like heating, insulation, or water leaks. Tenants may withhold rent or arrange repairs themselves and seek reimbursement, but these actions can lead to legal complications if not handled properly.

Conversely, landlords may dispute repair requests they consider unnecessary or blame tenants for damage that requires fixing. Issues like mould and dampness are particularly contentious, as they can result from both property defects and tenant behaviour.

The Residential Tenancies Act gives tenants specific rights to have repairs completed within reasonable timeframes, and landlords who fail to meet their obligations can face compensation orders. However, tenants must follow proper procedures when requesting repairs and cannot simply stop paying rent without legal consequences.

For comprehensive information about repair obligations and processes, see our guides on repairs and maintenance and mould and dampness.

Disputes about ending tenancies can be emotionally charged and legally complex, particularly when one party wants to end the tenancy and the other doesn't. These disputes often involve questions about proper notice periods, valid reasons for termination, and whether correct procedures have been followed.

Landlords may seek to terminate tenancies for reasons like rent arrears, property damage, antisocial behaviour, or wanting to sell or renovate the property. However, they must follow specific legal procedures and provide appropriate notice periods. Invalid termination notices are common and can be challenged at the Tenancy Tribunal.

Tenants may dispute termination notices they believe are retaliatory, discriminatory, or based on false claims. They may also face difficulties when trying to end fixed-term tenancies early due to changed circumstances or property issues.

The introduction of periodic tenancies as the default arrangement has changed termination rights, with tenants now able to give 28 days' notice to end most tenancies. However, landlords can only terminate periodic tenancies in specific circumstances with 90 days' notice.

Understanding your rights and obligations around tenancy termination is crucial for both parties. Our guides on ending a tenancy and breach notices provide detailed information about proper procedures.

Disputes about landlord entry and tenant privacy rights are increasingly common, particularly as rental properties become more scarce and landlords become more hands-on in managing their investments. The law provides clear rules about when and how landlords can enter rental properties, but these are often misunderstood or ignored.

Landlords can only enter rental properties with proper notice (usually 48 hours) and for specific reasons like inspections, repairs, or showing the property to prospective tenants or buyers. Emergency entry is allowed without notice only in genuine emergencies where there's immediate danger to people or property.

Common disputes arise when landlords enter without proper notice, conduct excessive inspections, or use entry rights to harass tenants. Some landlords incorrectly believe they can enter their property anytime because they own it, while others may retaliate against tenants who complain by increasing inspection frequency.

Tenants also have obligations to allow reasonable access for legitimate purposes and cannot unreasonably refuse entry. However, they have the right to quiet enjoyment of their home and can take action against landlords who breach privacy rules.

Privacy disputes can escalate quickly and damage the landlord-tenant relationship permanently. Clear communication about inspection schedules and entry requirements can prevent many problems. For detailed information about entry rights and privacy rules, see our guide on landlord entry.

New Zealand offers several methods for resolving tenancy disputes, each with different advantages depending on the situation. Understanding these options can help you choose the most appropriate and cost-effective approach for your particular dispute.

Mediation through Tenancy Services is often the first step and is free for both parties. A neutral mediator helps landlords and tenants discuss their issues and reach mutually acceptable solutions. Mediation is confidential, faster than tribunal hearings, and allows for creative solutions that might not be available through formal legal processes.

If mediation fails or isn't appropriate, either party can apply to the Tenancy Tribunal for a binding decision. The Tribunal is less formal than a court but follows legal procedures and makes decisions based on evidence and law. Tribunal orders are enforceable and can include compensation, work orders, or tenancy termination.

For complex disputes or those involving significant amounts of money, legal representation can be valuable even though it's not required. Lawyers can help prepare cases, gather evidence, and present arguments effectively. They can also advise on the strength of your case and likely outcomes before you invest time and money in formal proceedings.

Some disputes may be resolved through direct negotiation between the parties, particularly when both sides are reasonable and the issues are straightforward. However, it's important to document any agreements reached to avoid future misunderstandings.

For comprehensive information about dispute resolution processes, see our guides on tenancy mediation and the Tenancy Tribunal guide.

While many tenancy disputes can be resolved through direct communication or mediation, certain situations warrant professional legal advice to protect your rights and interests. Knowing when to involve a lawyer can save you time, money, and stress in the long run.

Consider seeking legal help if your dispute involves substantial amounts of money, complex legal issues, or potential criminal behaviour like harassment or illegal eviction. Disputes involving discrimination, retaliatory actions, or breaches of fundamental rights also benefit from legal expertise.

If you're facing Tenancy Tribunal proceedings, particularly as a respondent to someone else's application, legal advice can help you understand your options and prepare an effective response. Lawyers can review the strength of claims against you and advise whether defending the case is worthwhile.

Landlords with multiple properties or complex tenancy arrangements should consider legal advice for recurring issues or when developing policies and procedures. Property managers and landlords dealing with difficult tenants who may pose ongoing problems can benefit from strategic legal guidance.

Early legal intervention is often more cost-effective than waiting until disputes escalate. A lawyer can sometimes resolve issues through negotiation or formal letters that carry more weight than tenant or landlord communications.

Don't wait until you're in crisis mode to seek help. If you're unsure about your rights or obligations, or if a dispute is causing you significant stress or financial concern, professional advice can provide clarity and peace of mind.