Can a landlord file an application to the Tenancy Tribunal after the 8 week limit?
This week’s Decision of Interest explores this question and the legal ingredients required.
Plus, what is required to be in a tenancy agreement to allow the landlord this option?
Case Background:
The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The application was filed more than two months after the end of the tenancy, which means the usual service rules no longer applied.
Legal Authorities:
The application had to be served either personally on the tenant, on someone over the age of 16 living at the tenant’s new address, or by post to an address provided by the tenant within two months before the application was made, according to section 91A (1) of the RTA.
However, Section 91A (2) (b) outlines that an application can be filed later than 8 weeks after the tenancy ends if it posted to a contact address supplied to the landlord within 2 months before the application.
For tenants, there are no specific time restrictions outlined in the RTA for filling an application. However, according to the Limitations Act 2010, a tenant has six years to file an application.
So, what was the outcome? And what needs to be in a tenancy agreement so you can utilise this option?
