For many years now, I have been vocal about the impact lengthy Tribunal delays have on both landlords and tenants. One of the growing challenges facing the Tribunal is the increasing volume of information being given with applications. The rise of AI tools has made it easier than ever for parties to generate lengthy submissions, extensive evidence bundles, and large amounts of supporting documentation. While technology has benefits, it also means adjudicators are often spending significantly more time reviewing material before reaching a decision. In many cases, the core issue remains relatively simple, but the volume of documentation surrounding it has increased substantially, contributing to longer processing and hearing times.
In many parts of the country, we are seeing cases take months to progress through mediation and into a Tribunal hearing. In some instances, by the time a hearing occurs, the arrears have grown substantially, making resolution far more difficult than it would have been had the matter been dealt with promptly.
I have long argued that straightforward rent arrears cases should not have to compete with complex disputes for Tribunal time and resources. When the facts are largely uncontested, there should be a more efficient pathway available, allowing adjudicators to focus their attention on the cases that genuinely require detailed consideration. This has become even more relevant as hearing volumes increase and evidential material becomes more extensive
— "The Tribunal's role is becoming increasingly demanding, and without process improvements, delays are likely to remain a significant issue".
Pilot Programme Announced
Tenancy Services has recently announced a new pilot programme that will prioritise certain rent arrears and serious health and safety applications through the Tenancy Tribunal. While the pilot will only run from 3 August to 30 October 2026, it serves as a positive acknowledgment that the current tenancy dispute system is struggling under the weight of significant delays.
The reality is that rent arrears disputes are often very different from other tenancy matters. Many arrears cases involve a relatively straightforward question. Yet these applications routinely enter the same queue as far more complex disputes involving Healthy Homes compliance, maintenance obligations, damages claims, and legal interpretation. The result is that simple arrears matters can sit waiting for extended periods while debt continues to mount and the financial consequences for both parties become more severe.
Under the pilot, applications seeking termination of a tenancy and possession of a property due to rent arrears may be scheduled more quickly, provided they meet specific criteria. Landlords must still follow existing legal requirements and participate in mediation before a matter can be considered for priority scheduling.
Importantly, the pilot creates an opportunity for arrears-only matters to move through the system more efficiently, with hearings generally allocated 45 minutes and prioritised ahead of many standard applications. The aim is to reduce the harm caused by prolonged arrears disputes and provide greater certainty for all parties involved.
While this pilot stops short of creating a dedicated arrears pathway, it acknowledges an important reality: not all disputes involve the same level of complexity and treating them the same can create unnecessary delays across the entire system.
Win-Win for Landlords and Tenants
This initiative should not be viewed solely through a landlord lens. Faster dispute resolution benefits tenants as well.
When rent arrears matters remain unresolved for months, debt continues to accumulate. Tenants may face greater liabilities, increased financial stress, and fewer housing options in the future. Earlier intervention and earlier decisions provide certainty and allow both parties to move forward sooner.
Likewise, prioritising serious health and safety matters ensures that tenants living in genuinely unsafe conditions can access faster outcomes, another positive aspect of the pilot.
The real measure of success will be whether this pilot meaningfully reduces wait times and improves access to timely decisions. If there is one criticism, I doubt three months is enough time to test a pilot scheme. Six months would be more appropriate, and we should see tangible results by then.
However, any initiative that reduces delays, improves efficiency, and allows disputes to be resolved before they escalate is worth supporting. For landlords, tenants, and property managers alike, quicker decisions mean greater certainty, lower costs, and fairer outcomes. That's something the industry should welcome.
David Faulkner
Property Management General Manager, Property Brokers
