filing fee
📖 What is filing fee? Meaning and definition
In New Zealand tenancy law, a filing fee is an administrative cost associated with bringing a matter before the Tenancy Tribunal. This fee is typically paid by the party who makes the application, whether they are a landlord seeking possession of a property or a tenant addressing issues like rent arrears. The excerpts show that this fee can be a relatively small amount, such as $27.00.
Crucially, the Tenancy Tribunal has the power to order one party to reimburse the filing fee to the other. This usually happens when one party has 'wholly succeeded' with their claim, meaning the Tribunal has ruled entirely in their favour. For example, if a landlord successfully applies for rent arrears, the tenant may be ordered to pay the landlord the filing fee in addition to the outstanding rent.
The reimbursement of the filing fee can be part of a larger debt, which the Tribunal may order to be paid immediately or through an instalment plan. If a tenant fails to meet these payment obligations, including the filing fee, it can lead to serious consequences, such as the termination of their tenancy and immediate possession of the premises by the landlord.
📋 Requirements
- An application must be made to the Tenancy Tribunal.
- A party must have 'wholly succeeded' with their claim for the filing fee to be reimbursed.
- The Tribunal must issue an order for the filing fee to be paid or reimbursed.
📝 Procedure
- A party (landlord or tenant) submits an application to the Tenancy Tribunal.
- The applicant pays the required filing fee.
- A hearing is held, which parties may attend in person or by telephone.
- The Tenancy Tribunal Adjudicator makes a decision, which may include an order for one party to pay the filing fee to the other.
- The ordered party must pay the filing fee, either immediately or as part of a payment plan.
💡 Examples
- A landlord applied to the Tenancy Tribunal for possession of a property and was granted an order for the tenant to pay the $27.00 filing fee immediately.
- A tenant was ordered to pay a landlord $2,191.74, which included rent arrears, water rates, and a $27.00 filing fee reimbursement, with payments allocated in a specific order.
- A landlord successfully claimed $1,190.00 in rent arrears, and the tenant was ordered to pay an additional $27.00 for the filing fee because the landlord had wholly succeeded.
- If a tenant fails to pay the filing fee as part of a conditional order, their tenancy could be terminated, and the landlord could gain immediate possession.
❓ Frequently asked questions
What is a filing fee in the context of the Tenancy Tribunal?
A filing fee is a charge paid to the Tenancy Tribunal when someone makes an application, such as a landlord applying for possession or a tenant seeking resolution for rent issues. It covers the administrative cost of processing the application.
Who pays the filing fee initially?
The party who makes the application to the Tenancy Tribunal is responsible for paying the filing fee at the time of application.
Can I get my filing fee back?
Yes, if you 'wholly succeed' with your claim at the Tenancy Tribunal, the adjudicator may order the other party to reimburse you for the filing fee you paid.
What happens if I am ordered to pay a filing fee but don't?
If the Tenancy Tribunal orders you to pay a filing fee, either immediately or as part of a payment plan, failure to do so can have serious consequences. In some cases, it could lead to the termination of your tenancy or other enforcement actions.
Is the filing fee always the same amount?
The excerpts show a filing fee of $27.00 in multiple cases. While this appears to be a common amount, specific fees can vary depending on the type of application and current regulations. It's always best to check the current fee schedule when making an application.
Is the filing fee part of the total debt I might owe?
Yes, if the Tribunal orders you to reimburse a filing fee, it becomes part of the total amount you owe. This debt may include other items like rent arrears or water rates, and the Tribunal can set up a payment schedule for the entire amount.