Fees for Tenancy Tribunal applications
Who has to pay the $20.44 (including GST) fee?
The person lodging the application to the Tenancy Tribunal pays the fee.
Is a fee required for a cross-application?
Yes. A fee is required for any application.
Is the application fee refundable?
Yes, you can claim refund of the application fee but you need to ask for this when making your application to the Tribunal. Applicants are able to claim back the fee to go to the Tenancy Tribunal in any proceeding where they win.
The Tenancy Tribunal must order a respondent to pay the applicant the filing fee if the applicant is wholly successful with their claim. The Tribunal has discretion to order this payment where a claim has only been partly successful
Do I have to pay the fee if my case is resolved at mediation and does not go to the Tenancy Tribunal?
Yes. The fee must have been paid before an application is submitted. The mediation process is only initiated when an application is received.
Do I have to pay again for a rehearing?
No, you only pay for the first application. There is no additional fee for a rehearing or an appeal.
Do I have to pay for advice and information from the Department of Building and Housing?
No. There are no fees for advice and information from our offices. You only pay a fee if you want to make an application to the Tribunal.
Can I claim for debt recovery costs at the Tribunal as part of a cost claim?
Yes, you can claim reasonable expenses or commission incurred in recovering a debt as part of a cost claim, if this condition is provided for in your tenancy agreement.
The Tribunal may make an Order giving effect to any clause in a tenancy agreement requiring the other party (debtor) to reimburse the creditor for any reasonable expenses or commission incurred by the creditor in recovering or attempting to recover a debt that the Tenancy Tribunal has ordered the debtor to pay.
Can I claim the fee as a tax-deductible business expense?
If you are renting the property as a business to earn income, you will probably be able to deduct the fee. If in doubt, contact Inland Revenue ![[External website].](/UserFiles/Image/Icons/arrow-www.gif)
.
What if I cannot afford to pay the fees?
A fee must be paid for all applications to the Tribunal. The Department of Work and Income can provide assistance if the applicant receives income support and meets the criteria for additional assistance. Talk to Work and Income if you are unable to pay the fees.
What about bond disputes brought about as a result of a refund application to the Department of Building and Housing?
If there is a dispute over a bond, such as a disagreement with the bond being paid in part or in full, the Department of Building and Housing will contact both parties (in writing) explaining that the Department will not pay the bond until:
- the parties come to an agreement and the Department receives another refund application signed by both parties, or
- the Department receives a mediated or Tribunal order as a result of an application having been made to the Tenancy Tribunal.
How is the application relating to a bond dispute made?
Either party can make an application to the Tribunal. The party making the application will need to fill in the application form, pay the fee at any Westpac branch, and send the form to the Department of Building and Housing.
How do I make an application to the Tenancy Tribunal?
You can make a Tenancy Tribunal application online at www.dbh.govt.nz and pay the $20.44 application fee with a Visa or MasterCard.
You can also complete a paper application form and send it by:
The Department of Building and Housing can help you fill out the form. However, we will not accept the application until the fee has been paid. Forms can also be obtained from community organisations such as the Citizens Advice Bureaux.
How do I pay the fee?
You must pay the $20.44 application fee before submitting your application. You can pay at any Westpac branch (by eftpos, cash or cheque) or at the Department of Building and Housing offices in Auckland, Manukau, Hamilton, Wellington or Christchurch (eftpos only).
Paying at Westpac
Payment can be made at any Westpac branch. Take the application form along with your fee to the bank (you do not have to fill in the form before presenting it). You then mail the completed application to the Department of Building and Housing and our staff will process it.