landlord
📖 What is landlord? Meaning and definition
In New Zealand tenancy law, a landlord is typically the party who applies to the Tenancy Tribunal for orders related to a tenancy, such as for rent arrears or termination of the tenancy. The Tenancy Tribunal identifies the landlord as the applicant in such cases, distinguishing them from the tenant, who is the respondent.
The landlord is responsible for managing the tenancy, which includes receiving rent payments from the tenant. If a tenant fails to pay rent, the landlord can apply to the Tenancy Tribunal for an order requiring the tenant to pay the outstanding amount, known as rent arrears.
Sometimes, the landlord might not be the direct owner of the property but acts with the authority of the property owner to manage the property. In such situations, the Tenancy Tribunal will ensure that the landlord has the proper authority to act on the owner's behalf before making any orders.
When a landlord applies to the Tenancy Tribunal, they may seek various remedies, including payment of rent arrears, reimbursement of filing fees, or a termination order for the tenancy. If the tenant resolves the issue, such as by clearing rent arrears before the hearing, the landlord may adjust their application, for example, by only seeking payment of the filing fee.
📋 Requirements
- Must be the property owner or have authority from the property owner to manage the property.
- Must be the party receiving rent payments from the tenant.
- Must be the party applying to the Tenancy Tribunal for orders related to the tenancy.
📝 Procedure
- The landlord files an application with the Tenancy Tribunal, for example, for rent arrears or termination.
- The Tenancy Tribunal schedules a hearing, which may be conducted by video or telephone.
- The landlord attends the hearing to present their case and evidence.
- If the landlord is not the property owner, they may need to demonstrate their authority to manage the property.
- The Tenancy Tribunal issues an order based on the evidence presented.
💡 Examples
- A company, acting as the landlord, applied to the Tenancy Tribunal for rent arrears and termination of a tenancy.
- A landlord sought a conditional termination order after a tenant had made a payment that cleared the rent arrears.
- The Tenancy Tribunal confirmed that a landlord had the authority of the property owner to manage the property before ordering a tenant to pay rent arrears and filing fees.
- A landlord attended a hearing by telephone and sought only the filing fee after the tenant cleared the rent arrears.
❓ Frequently asked questions
What can a landlord apply for at the Tenancy Tribunal?
A landlord can apply for various orders, such as for rent arrears, termination of a tenancy due to rent arrears, or reimbursement of filing fees, as seen in the provided cases.
What happens if a tenant pays rent arrears before a Tenancy Tribunal hearing?
If a tenant clears rent arrears before a hearing, the landlord may adjust their application. For example, they might no longer require a termination order and instead only seek payment of the filing fee, as one case showed.
Does a landlord always have to be the property owner?
Not necessarily. The Tenancy Tribunal has confirmed that a landlord can act on behalf of the property owner to manage the property, provided they demonstrate they have the authority to do so.
What evidence might a landlord need to provide at a hearing?
A landlord might need to provide evidence of rent arrears, such as account statements, or proof of their authority to manage the property if they are not the owner. In one case, a landlord accepted a tenant's bank receipt as evidence of a payment.
Can a landlord get their filing fee back?
Yes, if the Tenancy Tribunal rules in their favour, a landlord can be awarded reimbursement for their filing fee, even if other parts of their application, like for rent arrears, are resolved before the hearing.
What if only the landlord attends the Tenancy Tribunal hearing?
The Tenancy Tribunal can proceed with the hearing even if only the landlord attends. Orders can still be made based on the landlord's evidence and submissions, as demonstrated in several cases.