filing fees
📖 What is filing fees? Meaning and definition
In New Zealand tenancy law, filing fees are an initial cost incurred when a landlord or tenant brings a matter before the Tenancy Tribunal. For example, a landlord might apply for termination of a tenancy due to unpaid rent, or for recovery of rent arrears. The fee covers the administrative cost of processing the application and scheduling a hearing.
If the party who paid the filing fee is successful in their claim, the Tenancy Tribunal can order the other party to reimburse these fees. This means the successful applicant gets their filing fee back as part of the overall order. The case excerpts show filing fees of $27.00 being added to the total amount owed by the tenant to the landlord.
This reimbursement mechanism ensures that the party who has been wronged and has to apply to the Tribunal does not bear the cost of initiating the legal process if their claim is proven. The Tenancy Tribunal adjudicator will decide whether reimbursement is appropriate based on the outcome of the hearing and who has 'wholly succeeded' with their claim. The filing fee is typically a small component of the total amount ordered, which often includes significant rent arrears.
📋 Requirements
- An application must be made to the Tenancy Tribunal.
- A filing fee must have been paid by one of the parties.
- The party seeking reimbursement must have wholly succeeded with their claim.
📝 Procedure
- A landlord or tenant submits an application to the Tenancy Tribunal.
- The applicant pays the required filing fee.
- A hearing is held, with parties presenting their case.
- The Tenancy Tribunal adjudicator makes a decision on the application.
- If the applicant is successful, the adjudicator may order the other party to reimburse the filing fee.
💡 Examples
- A landlord applies to the Tenancy Tribunal to terminate a tenancy due to a tenant owing $2,960.00 in rent and is also awarded the $27.00 filing fee.
- A landlord successfully claims $1,190.00 in rent arrears and the Tenancy Tribunal orders the tenant to pay an additional $27.00 for the filing fee.
- After a hearing where only the landlord attended, the tenant is ordered to pay $6,427.00, which includes $8,200.00 for rent arrears, less a bond payment, and the $27.00 filing fee reimbursement.
- The Tenancy Tribunal orders a tenant to pay a total amount that explicitly itemises both rent arrears and the filing fee, confirming the landlord's successful claim.
❓ Frequently asked questions
What is the typical cost of a filing fee for a Tenancy Tribunal application?
The case excerpts show a filing fee of $27.00 being applied in several different Tenancy Tribunal decisions.
Can I get my filing fee back if I win my case at the Tenancy Tribunal?
Yes, if you wholly succeed with your claim at the Tenancy Tribunal, the adjudicator can order the other party to reimburse you for the filing fee you paid.
Do I have to pay the filing fee upfront when I apply to the Tenancy Tribunal?
The excerpts indicate that the filing fee is paid as part of the application process, and then potentially reimbursed later if the applicant is successful.
What happens if I don't pay the filing fee?
The excerpts do not directly address the consequences of not paying the filing fee, but it is a required part of submitting an application to the Tenancy Tribunal.
Is the filing fee always added to the rent arrears?
If a landlord successfully claims rent arrears, the filing fee can be added to the total amount the tenant is ordered to pay, as seen in the provided cases.
Where can I find more information about Tenancy Tribunal fees?
The excerpts mention visiting justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals, which may also contain information about fees.