What was Tenancy Tribunal case 5350049 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5350049?

Advertising Costs: $241.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5350049?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5350049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12909596-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5350049 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5350049?

Advertising Costs: $241.50 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5350049?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5350049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12909596-Tribunal_Order_Redacted.pdf.

Room 2A, 49A Heriot Row, North Dunedin, Dunedin 9016 Tenancy Tribunal Case 5350049 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5350049. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages	$500.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Advertising costs	$241.50	Advertising costs

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
DANIEL KERRY JOHN RYAN must pay [The landlord/s] $99.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang his mobile number twice, but it disconnected immediately. The tenant has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
The landlord has applied for rent arrears, damages, advertising costs, reimbursement of the filing fee and refund of the bond. Background:
The was a two bedroom apartment according to the landlord despite her claiming that this was a room by room tenancy in the application form.
The tenancy commenced on 1 January 2025 and was for a 12 month fixed term tenancy.
The tenant advised the landlord by text message on 13 August 2025 that he had moved out. This is a breach of his fixed term tenancy. The landlord seeks the cost of the rent from 13 August until the end of the fixed term of 31 December 2025.
The landlord claimed that there was a missing washing machine and dryer at the end of the tenancy. She seeks the cost of advertising for new tenants, reimbursement of the filing fee, refund of the bond and exemplary damages for the tenant’s breach of the tenancy agreement. Civil burden of proof for Tenancy Tribunal:
The Tenancy 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 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 has failed to provide me much of the evidence I need to determine her claims. Despite the file being inadequate, I gave the landlord the chance to provide the information I needed after the hearing. The landlord has refiled the same inadequate evidence to the Tribunal that she provided earlier. Washing machine and dryer:
As I explained the Tribunal requires proof of claims and in this case pre let inspection and photos and exit inspection report and photos. These documents have not been provided. I asked for a copy of the invoice for the purchase and replacement costs for the washing machine and dryer.
The landlord has not provided any proof that the washing machine and dryer were part of the chattels and in the property at the start of the tenancy and missing at the end.
There is no proof of the cost of these items nor their replacement.
I must dismiss the landlords’ claims relating to the washing machine and dryer because she had not provided evidence for the Tribunal to determine the claim.

How much is owed for rent?

The landlord has not provided the Tribunal with proper rent records to prove the amount owing at the end of the tenancy.
The landlord has filed a handwritten piece of paper headed up “Date Paid” “Amount paid” “date paid to and includes...” . The first entry on this piece of paper stated $610 was paid then 14/1/25 $630.00 was paid and the word “DITTO” until 29 July 2025.
This is not a proper rent summary, and I do not accept it as one.
Where a landlord provides grossly inadequate evidence in support of a rent summary, such as a simple assertion of rent arrears, a lump sum figure or an unsubstantiated handwritten note , the Tribunal cannot make an order for rent arrears. Adequate evidence must include a clear itemised rent summary that sets out all payments received, dates amounts and any rent arrears or credit.
This summary should be supported by independent evidence, such as bank statements, receipts, or records from a property management software, which incorporates the amount claimed.
In the absence of such supporting documentation, the Tribunal is unable to verify the accuracy of the claim and will generally decline to make the order. The expectation is that the rent summary is detailed, consistent with the tenancy agreement and able to be cross checked against independent payment records.
For the failure of the landlord to provide such evidence, I must dismiss the landlord’s claim for rent arrears. Exemplary damages for Abandonment:
In considering whether to award exemplary damages for abandonment, the Tribunal must take into account the statutory factors in section 109(3) of the Residential Tenancies Act 1986.
In this case, the landlord did not file a claim until more than six weeks after the tenant left and has not re-let the property in the four months since abandonment. The landlord also did not seek termination of the tenancy. These delays are relevant to whether it is just to make an award of exemplary damages. Where a landlord does not act promptly to address abandonment or mitigate loss, this may weigh against the making of an exemplary damage order or may justify a reduction in the amount awarded. The Tribunal must be satisfied that awarding exemplary damages is in the public interest and just in all the circumstances.
I have not been provided with an explanation from the Landlord as to why it took her over 6 weeks to file a Tribunal application and why she did not seek termination of the tenancy, I am awarding some exemplary damages for the tenant’s breach of the tenancy agreement.
I do this also because the landlord failed to provide evidence for rent arrears, but I accept she has suffered some loss. I am awarding $500.00 to the landlord for the tenant’s breach of the contract. Advertising costs:
I accept that the tenant left the property before the end of the fixed term tenancy and the landlord has incurred costs associated with advertising for a new tenant.
The landlord provided two invoices which total $241.50. I am awarding the advertising incurred by the landlord. Bond/Suppression/Filing Fee:
Because [The applicant/s] has partially succeeded with the claim I must reimburse the filing fee.
The bond is to be split as set out above in the order.
The landlord has applied for suppression and as she has been partially successful, I will grant suppression.

Claims and awards in Tenancy Tribunal application 5350049. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages	$500.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Advertising costs	$241.50	Advertising costs

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
DANIEL KERRY JOHN RYAN must pay [The landlord/s] $99.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang his mobile number twice, but it disconnected immediately. The tenant has not communicated with the Tribunal seeking an adjournment. I am proceeding with the hearing in the absence of the tenant.
The landlord has applied for rent arrears, damages, advertising costs, reimbursement of the filing fee and refund of the bond. Background:
The was a two bedroom apartment according to the landlord despite her claiming that this was a room by room tenancy in the application form.
The tenancy commenced on 1 January 2025 and was for a 12 month fixed term tenancy.
The tenant advised the landlord by text message on 13 August 2025 that he had moved out. This is a breach of his fixed term tenancy. The landlord seeks the cost of the rent from 13 August until the end of the fixed term of 31 December 2025.
The landlord claimed that there was a missing washing machine and dryer at the end of the tenancy. She seeks the cost of advertising for new tenants, reimbursement of the filing fee, refund of the bond and exemplary damages for the tenant’s breach of the tenancy agreement. Civil burden of proof for Tenancy Tribunal:
The Tenancy 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 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 has failed to provide me much of the evidence I need to determine her claims. Despite the file being inadequate, I gave the landlord the chance to provide the information I needed after the hearing. The landlord has refiled the same inadequate evidence to the Tribunal that she provided earlier. Washing machine and dryer:
As I explained the Tribunal requires proof of claims and in this case pre let inspection and photos and exit inspection report and photos. These documents have not been provided. I asked for a copy of the invoice for the purchase and replacement costs for the washing machine and dryer.
The landlord has not provided any proof that the washing machine and dryer were part of the chattels and in the property at the start of the tenancy and missing at the end.
There is no proof of the cost of these items nor their replacement.
I must dismiss the landlords’ claims relating to the washing machine and dryer because she had not provided evidence for the Tribunal to determine the claim.

How much is owed for rent?

The landlord has not provided the Tribunal with proper rent records to prove the amount owing at the end of the tenancy.
The landlord has filed a handwritten piece of paper headed up “Date Paid” “Amount paid” “date paid to and includes...” . The first entry on this piece of paper stated $610 was paid then 14/1/25 $630.00 was paid and the word “DITTO” until 29 July 2025.
This is not a proper rent summary, and I do not accept it as one.
Where a landlord provides grossly inadequate evidence in support of a rent summary, such as a simple assertion of rent arrears, a lump sum figure or an unsubstantiated handwritten note , the Tribunal cannot make an order for rent arrears. Adequate evidence must include a clear itemised rent summary that sets out all payments received, dates amounts and any rent arrears or credit.
This summary should be supported by independent evidence, such as bank statements, receipts, or records from a property management software, which incorporates the amount claimed.
In the absence of such supporting documentation, the Tribunal is unable to verify the accuracy of the claim and will generally decline to make the order. The expectation is that the rent summary is detailed, consistent with the tenancy agreement and able to be cross checked against independent payment records.
For the failure of the landlord to provide such evidence, I must dismiss the landlord’s claim for rent arrears. Exemplary damages for Abandonment:
In considering whether to award exemplary damages for abandonment, the Tribunal must take into account the statutory factors in section 109(3) of the Residential Tenancies Act 1986.
In this case, the landlord did not file a claim until more than six weeks after the tenant left and has not re-let the property in the four months since abandonment. The landlord also did not seek termination of the tenancy. These delays are relevant to whether it is just to make an award of exemplary damages. Where a landlord does not act promptly to address abandonment or mitigate loss, this may weigh against the making of an exemplary damage order or may justify a reduction in the amount awarded. The Tribunal must be satisfied that awarding exemplary damages is in the public interest and just in all the circumstances.
I have not been provided with an explanation from the Landlord as to why it took her over 6 weeks to file a Tribunal application and why she did not seek termination of the tenancy, I am awarding some exemplary damages for the tenant’s breach of the tenancy agreement.
I do this also because the landlord failed to provide evidence for rent arrears, but I accept she has suffered some loss. I am awarding $500.00 to the landlord for the tenant’s breach of the contract. Advertising costs:
I accept that the tenant left the property before the end of the fixed term tenancy and the landlord has incurred costs associated with advertising for a new tenant.
The landlord provided two invoices which total $241.50. I am awarding the advertising incurred by the landlord. Bond/Suppression/Filing Fee:
Because [The applicant/s] has partially succeeded with the claim I must reimburse the filing fee.
The bond is to be split as set out above in the order.
The landlord has applied for suppression and as she has been partially successful, I will grant suppression.

Tenancy Tribunal case 5350049 — Exemplary damages at Room 2A, 49A Heriot Row, North Dunedin, Dunedin 9016

At a glance

Tenancy Tribunal case 5350049 — Exemplary damages at Room 2A, 49A Heriot Row, North Dunedin, Dunedin 9016

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions