What was Tenancy Tribunal case 5283781 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5283781?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5283781?

The dispute type was not classified.

Where can I read the official tribunal order for case 5283781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12743268-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5283781 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5283781?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5283781?

The dispute type was not classified.

Where can I read the official tribunal order for case 5283781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12743268-Tribunal_Order.pdf.

116 Burswood Drive, Burswood, Auckland 2013 Tenancy Tribunal Case 5283781 — Tenancy dispute

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Order

The application is dismissed. Attendance:
The applicant attended the hearing in Manukau. The respondent did not attend.

Reasons

On the 23 rd of October I heard this case. At the conclusion of the hearing the landlord raised matters not raised during the hearing. Because the hearing had concluded I decided the matters heard and adjourned the two outstanding matters being, a glass repair invoice and flexi bin cost. This was made clear in the order.
The applicant today has not presented any evidence during the hearing to substantiate these claims. They have sought to re-present claims already decided in relation to alleged methamphetamine damage.
I provided them with an opportunity to provide evidence of the glass damage and the flexi bin invoice post hearing. They provided me with a photo of a window that appears undamaged and photos of the flexi bin however no invoice.
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 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.
As noted by the District Court 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.
For these reasons the claims are dismissed.

Tenancy Tribunal case 5283781 — Tenancy dispute at 116 Burswood Drive, Burswood, Auckland 2013

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Claims & awards

Tenancy Tribunal case 5283781 — Tenancy dispute at 116 Burswood Drive, Burswood, Auckland 2013

At a glance

Claims & awards

Order

Reasons

Topics & place

Property management

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Order

Reasons

Topics & place

Property management

Frequently asked questions