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Making an application about rent arrears - using Section 56

You can use Section 56 of the Residential Tenancies Act when the rent is less than 21 days in arrears, and a 10 Working Day Letter has been sent.

This information sheet will help you completing the Application for Order of the Tenancy Tribunal form so that it can be processed quickly and accurately.

Your application can be lodged as soon as you have sent a 10 Working Day Letter to your tenant (see our Rent Arrears information sheet T52L). For more information contact the Department of Building and Housing free phone 0800 TENANCY (0800 83 62 62) or visit www.dbh.govt.nz.

‘Details of application’ section

In the ‘Details of application’ section make sure you:

  • request that the Tribunal make the following Orders:
    • Order for payment of rent arrears.
    • If all the rent arrears are not paid as agreed, order for termination of tenancy with vacant possession to landlord under Section 56 of the Residential Tenancies Act.
    • Order for release of bond of $ ____to the applicant.
  • explain in the ‘Reasons’ section that a 10 Working day letter has been sent to the tenant, for example:

A 10 Working Day Letter was delivered by post. Rent is now in arrears by $500.00 and is only paid up to 3 August 2006.

Remember to state if the letter was delivered by post or in person and if it was delivered to the address for service. Do not include rent-in-advance. The arrears cannot include any money due for rent beyond the date your application is lodged.

Submitting your application

You can make an application online at www.dbh.govt.nz and pay the $20 application fee with your Visa or Mastercard.

You can also complete a paper form and send by mail to PO Box 50546 Porirua, fax to 04 237 1058, or email to ttapplications@dbh.govt.nz. You must pay the $20 application fee at Westpac bank or by purchasing pre-paid stickers from the Department of Building and Housing before submitting your application.

Forms and information are available from the Department of Building and Housing free phone 0800 TENANCY (0800 83 62 62) or from your local Citizens Advice Bureau.

Other information to include with your application

  • A copy of your Tenancy Agreement
  • A Rent Arrears summary, clearly showing the missing rent payments
  • A copy of the 10 Working Day Letter.