What was Tenancy Tribunal case 5258235 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5258235?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5258235?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5258235?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12429568-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5258235 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5258235?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5258235?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5258235?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12429568-Tenancy_Tribunal_Order.pdf.

10 Vimy Place, Mangere, Auckland 2022 Tenancy Tribunal Case 5258235 — Rent arrears

Tenantcheck Insights

Reasons

The landlord attended the hearing, the tenants did not appear.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed that she put an advertisement of Trade Me for a tenant. The unit for rent was an unconsented converted garage attached to the landlord’s house.

The landlord allowed the tenants to live in her home without a tenancy agreement and supporting documents, without the rent and bond being paid in advance. After one week of no rent or bond being paid the landlord asked the tenants to leave, which the did.

The landlord seeks to claim the one weeks rent but have not provided a rent schedule or any documentation relating to the rent cost and arrears. I cannot consider the rent arrears without any proof top support the claim. Civil burden of proof:

As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application (in this case, the landlord) to establish their claims “on the balance of probabilities.” That means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

6. As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

The landlord also sought to claim for carpet cleaning and produced an invoice to support that claim. However, the landlord has not provided a pre let inspection report and photos to show the condition of the carpet before the tenancy commenced. Furthermore, the landlord has not produced any evidence such as a photo of the carpet stains sustained during the one-week tenancy.

The applicant has not satisfied me that it is more likely than not the tenants had rent arrears and caused stains to the carpet.

For the reasons set out above I am dismissing the landlord claims for rent arrears and carpet cleaning.

Reasons

The landlord attended the hearing, the tenants did not appear.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed that she put an advertisement of Trade Me for a tenant. The unit for rent was an unconsented converted garage attached to the landlord’s house.

The applicant has not satisfied me that it is more likely than not the tenants had rent arrears and caused stains to the carpet.

For the reasons set out above I am dismissing the landlord claims for rent arrears and carpet cleaning.

Tenancy Tribunal case 5258235 — Rent arrears at 10 Vimy Place, Mangere, Auckland 2022

At a glance

Claims & awards

Tenancy Tribunal case 5258235 — Rent arrears at 10 Vimy Place, Mangere, Auckland 2022

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Key findings

Frequently asked questions