What was Tenancy Tribunal case 5290099 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5290099?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5290099?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5290099?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12733110-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5290099 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5290099?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5290099?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5290099?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12733110-Tribunal_Order.pdf.

Unit/Flat 5, 15 Hawker Street, Mount Victoria, Wellington Tenancy Tribunal Case 5290099 — Rent arrears

Order

The application is dismissed.

Reasons

Mr Huang, the landlord, attended the teleconference hearing. The phone numbers for the tenants, the last three digits being 053 and 493 respectively, were called without any response. As the tenants were served, the hearing proceeded in their absence.
The landlord has applied for rent arrears, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 23 February 2025.
The hearing was adjourned by way of an order dated 17 September 2025, as the landlord provided two different rent summaries during the last hearing, with significantly different amounts claimed, and the tenant wanted an opportunity to check his bank accounts and verify the rent arrears amount claimed. Burden of proof and evidence
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities, i.e. that it is more likely something occurred than not.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a 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.”

What is owing in rent?

The landlord claimed rent arrears of $5,135.00 up to 23 February 2025, the end of the tenancy. The tenancy began on 7 November 2022.
The landlord provided several different rent summaries, starting and ending on different dates. Prior to the hearing, I issued a direction to the landlord on 10 November 2025 to provide one complete rent summary for the period of the tenancy, given the confusion of having several different rent summaries. No such rent summary was provided for the hearing by the landlord.
Of the different rent summary documents provided, the landlord provided a rent summary document which started on 25 November 2023 and went up to 13 December 2024, ending in a credit to the tenant in the amount of $165.00. Mr Huang confirmed the amount of $165.00 credit to the tenant was correct as at 13 December 2024.
Another rent summary document started on 14 December 2024, the day after the end of the rent summary document referred to in paragraph 9 above. This rent summary document charged $700.00 rent for the period 14 December 2024 to 20 December 2024 but resulted in a total of $235.00 in the cumulative arrears column on the same line item. I pointed out to the landlord that, if there was a credit of $165.00 to the tenant as at 13 December 2024, that should be carried forward and, even accounting for rent of $700.00 being charged for the period 14 December 2024 to 20 December 2024, the cumulative arrears total on that line should likely be a different amount, probably $535.00. Mr Huang acknowledged this might be the case but said he pays more attention to the number of weeks of payments rather than the details of the cumulative arrears column. Thus, the amount in the cumulative arrears column of $235.00 for the period 14 December 2024 to 20 December 2024 is incorrect, then likely rendering the final rent arrears total of $5,135.00 also incorrect.
The landlord has had several opportunities to provide a correct rent summary for the whole period of the tenancy – before the hearing in his application documents, during the first hearing in September 2025 (when he sent in two different rent summaries showing different, significantly different amounts owing at the end of the tenancy), and pursuant to my direction of 10 November 2025, where the landlord did not provide one complete rent summary for the period of the tenancy, as directed.
Given the anomalies in the rent summaries, as outlined above, I find the landlord has provided insufficient evidence to prove his rent arrears claim and so dismiss this claim.
As the landlord has not proved his rent arrears claim, he is not entitled to a refund of the bond, nor to reimbursement of the filing fee. As such, these claims are dismissed.

Order

The application is dismissed.

Reasons

Mr Huang, the landlord, attended the teleconference hearing. The phone numbers for the tenants, the last three digits being 053 and 493 respectively, were called without any response. As the tenants were served, the hearing proceeded in their absence.
The landlord has applied for rent arrears, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 23 February 2025.
The hearing was adjourned by way of an order dated 17 September 2025, as the landlord provided two different rent summaries during the last hearing, with significantly different amounts claimed, and the tenant wanted an opportunity to check his bank accounts and verify the rent arrears amount claimed. Burden of proof and evidence
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities, i.e. that it is more likely something occurred than not.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a 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.”

What is owing in rent?

The landlord claimed rent arrears of $5,135.00 up to 23 February 2025, the end of the tenancy. The tenancy began on 7 November 2022.
The landlord provided several different rent summaries, starting and ending on different dates. Prior to the hearing, I issued a direction to the landlord on 10 November 2025 to provide one complete rent summary for the period of the tenancy, given the confusion of having several different rent summaries. No such rent summary was provided for the hearing by the landlord.
Of the different rent summary documents provided, the landlord provided a rent summary document which started on 25 November 2023 and went up to 13 December 2024, ending in a credit to the tenant in the amount of $165.00. Mr Huang confirmed the amount of $165.00 credit to the tenant was correct as at 13 December 2024.
Another rent summary document started on 14 December 2024, the day after the end of the rent summary document referred to in paragraph 9 above. This rent summary document charged $700.00 rent for the period 14 December 2024 to 20 December 2024 but resulted in a total of $235.00 in the cumulative arrears column on the same line item. I pointed out to the landlord that, if there was a credit of $165.00 to the tenant as at 13 December 2024, that should be carried forward and, even accounting for rent of $700.00 being charged for the period 14 December 2024 to 20 December 2024, the cumulative arrears total on that line should likely be a different amount, probably $535.00. Mr Huang acknowledged this might be the case but said he pays more attention to the number of weeks of payments rather than the details of the cumulative arrears column. Thus, the amount in the cumulative arrears column of $235.00 for the period 14 December 2024 to 20 December 2024 is incorrect, then likely rendering the final rent arrears total of $5,135.00 also incorrect.
The landlord has had several opportunities to provide a correct rent summary for the whole period of the tenancy – before the hearing in his application documents, during the first hearing in September 2025 (when he sent in two different rent summaries showing different, significantly different amounts owing at the end of the tenancy), and pursuant to my direction of 10 November 2025, where the landlord did not provide one complete rent summary for the period of the tenancy, as directed.
Given the anomalies in the rent summaries, as outlined above, I find the landlord has provided insufficient evidence to prove his rent arrears claim and so dismiss this claim.
As the landlord has not proved his rent arrears claim, he is not entitled to a refund of the bond, nor to reimbursement of the filing fee. As such, these claims are dismissed.

Tenancy Tribunal case 5290099 — Rent arrears at Unit/Flat 5, 15 Hawker Street, Mount Victoria, Wellington

At a glance

Tenancy Tribunal case 5290099 — Rent arrears at Unit/Flat 5, 15 Hawker Street, Mount Victoria, Wellington

At a glance

Claims & awards

Order

Reasons

What is owing in rent?

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

What is owing in rent?

Topics & place

Key findings

Frequently asked questions