When deciding to take a case to the Tenancy Tribunal you need to be clear about what you are trying to achieve. If it’s over a $100 cleaning invoice, then consider the likely outcome, versus what you think your time is worth.

Before property management I spent 20 years as a frontline police officer in the Criminal Investigation Branch. I’ve prepared and given evidence on numerous occasions in numerous courts throughout New Zealand. Along the way I picked up a few pointers on preparing court cases, which I now use when preparing for a Tenancy Tribunal hearing.

You may have the opportunity to attend a mediation hearing as a way of trying to settle the matter before the Tenancy Tribunal. The mediator hears from both parties and tries to get them to “meet in the middle” over whatever the issue is. In my experience it’s very rare to achieve a 100% satisfactory outcome at mediation, but if you have some flexibility around what it is you are trying to achieve then mediation may be well worthwhile. Anything discussed during mediation is confidential and can’t be used at any subsequent Tenancy Tribunal hearing.

So, you’re off to the Tribunal? Either it will be because you have lodged a Tenancy Tribunal application against another party, or some other party has lodged a Tenancy Tribunal application against you. Either way, you need to be organised. As the old saying goes – “failing to plan is planning to fail’’. So, you need to plan how you are going to present your “argument”.

It’s one thing to know something, but it’s completely different when you must prove it to the satisfaction of the court. Luckily the Tenancy Tribunal is more procedurally relaxed than say a criminal court and the rules of evidence aren’t so strictly adhered to. For example, it’s not uncommon for parties to give hearsay evidence in a Tenancy Tribunal case.

In preparing for your hearing note, down on a piece of paper what the issue or issues are and what outcomes you require. Let’s use the simple scenario of a property that wasn’t left reasonably clean and tidy at the end of the lease and rent arrears. In this case you are wanting:

1. To prove that the property wasn’t clean and tidy and to be reimbursed for the costs associated with cleaning the property to a reasonable standard; and
2. To prove there was unpaid rent and for the rent arrears to be paid to you.

Next I prepare a full written statement of what it is I want to say at the hearing. When I speak I advise the adjudicator that I’ve prepared a written statement and that I have a copy for them and a copy for the other party. Adjudicators like this approach because it saves them having to take so many notes of what I have to say, and it ensures that I get all the points across that I want to make. Sometimes, adjudicators will interrupt during the reading of your statement to ask a question. Make sure you return to the right section of your statement and continue to read from it after answering their questions.

A picture tells a thousand words so produce photographs to support what you are saying and number the photographs so that they are easily identified and referred to.

The same goes for supporting documentation. If you have, for example, receipts for the cost of disposing of rubbish which you are wanting to be reimbursed for, then produce the original receipts. In the case of rent arrears produce an up-todate rent statement from the start of the tenancy, clearly showing the amount of arrears. I always take a calculator with me for rent arrears cases.

When it’s the other party’s turn to speak, make notes of what they say so that you can respond when given the opportunity. Don’t be afraid to dispute what the other party has said if you don’t agree with it, but don’t interrupt. If you are particularly nervous about appearing before you are entitled to take a support person with you. The support person cannot participate in the hearing at all.

Sometimes a party to the hearing may be permitted to participate by phone. I considered this to be a disadvantage, so make the time to appear in person.

Finally, ensure that you request that the filing fee is repaid to you. If you are successful in your claim, then you are entitled to be repaid the filing fee and having that awarded is a good feeling.

Milton has been involved in property management since 2014. In 2015 he franchised his very successful Dunedin property management business and now has 14 franchises operating throughout New Zealand. He is a strong advocate for industry regulation and is presently a committee member of the Property Managers Institute of New Zealand.