I am finding it hard to get a tenancy, how can I find out what is against my name?

If you are finding it difficult to get a tenancy it could be because you have a debt against your name.

It can be frustrating not knowing why you aren’t getting a tenancy. We understand this and we are here to help. To find out if there is an outstanding amount owing against your name you can request your own credit file, free of charge by checking these credit bureaus.

If the credit bureau holds information showing that you owe money to a creditor, in many cases this will make it harder to get a tenancy.

I am having a dispute with my landlord / property manager, what can I do?

If you are disputing an amount owing or anything related to a tenancy, this should be resolved in the following ways:

  • Talk to your landlord / property manager
  • File an application for mediation
  • File an application with the Tenancy Tribunal to have the matter heard

Can fees be added to the top of the debt?

The Residential Tenancies Act was updated in 2010 to enable landlords or landlords’ agents to have a clause within a tenancy agreement relating to debt collection costs.

Section 32 Residential Tenancies Act 1986

3) This section does not preclude a provision in a tenancy agreement requiring one party (the debtor) to reimburse the other party (the creditor) for any reasonable expenses or commissions paid or incurred by the creditor in recovering, or attempting to recover, any overdue payment that the debtor owes to the creditor under an order of the Tribunal.

In plain English this means that if the tenancy agreement you sign at the start of a tenancy, includes a clause stating that if there is an unpaid debt at the end of the tenancy, then costs and/or fees can be added.

If the tenancy agreement did not have a provision relating to debt collection costs, then fees cannot be added to the top of the debt unless awarded by the Ministry of Justice.

If you are unsure about whether you are liable for fees, review the tenancy agreement and look for a clause that talks about debt collection costs.