What was Tenancy Tribunal case 5350363 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 5350363?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,536.42 awarded to landlord

What type of tenancy dispute was case 5350363?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5350363?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13057639-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5350363 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 5350363?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,536.42 awarded to landlord

What type of tenancy dispute was case 5350363?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5350363?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13057639-Tribunal_Order_Redacted.pdf.

84 Flat Bush Road, Clover Park, Auckland 2023 Tenancy Tribunal Case 5350363 — Rent arrears

Claims and awards in Tenancy Tribunal application 5350363 — net $809.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,536.42	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$809.42
Total payable by Tenant to Landlord	$809.42

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sheikh Fareed Saheb must pay [The landlord/s] $809.42 immediately, being rent arrears to 18 September 2025 and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,536.42 Filing fee reimbursement$28.00 Total award$1,564.42 Minus Bond-$755.00 Total payable by Tenant to Landlord$809.42
The Bond Centre is to pay the bond of $755.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The application for damages of the granite bench top, cleaning, wall repairs and carpet are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, reimbursement of the filing fee and damages. The tenant had been a tenant in another property of the landlords. When the tenant moved to this tenancy the bond of $2100.00 from the previous tenancy was transferred to the new tenancy, minus damages the landlord claimed at the end of the first tenancy. The total bond left at the bond centre after deductions made by the landlord for damage to the first tenancy, was $755.00. Rent Arrears:
The landlord has applied for rent arrears and has provided rent records which prove the amount $1536.42 owing on 18 September 2025.
The tenant does not dispute the rent arrears.
I am satisfied that the landlord has proven their claim for rent arrears. Damages:
The landlord is claiming that the tenant caused damage to the property during the tenancy, by causing chips on the granite bench top and damage to the carpet. There were other claims about cleaning and fixing pin holes in the wall.
The landlord provided the Tribunal with several invoices and one quote for damages. Quotes:
A quote is not sufficient evidence for the Tribunal to award damages. A quote is only an estimate of what the repair or replacement might cost and does not prove that the work was actually required or completed, nor does it confirm the actual amount spent. The Tribunal requires evidence such as invoices, receipts, or photographs showing the damage and the completed repairs, to establish both the need for the work and the actual cost incurred. Without this supporting evidence, a claim based solely on a quote cannot be upheld. Standard 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.
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.
For a landlord to succeed in a claim for damages, it is essential that they provide evidence to support their claim. The Tribunal must be satisfied, on the balance of probabilities, that the damage occurred during the tenancy, that it was caused by the tenant (or someone the tenant is responsible for), and that it is more than fair wear and tear. Evidence can include photographs, inspection reports, invoices, or witness statements. In this case, the landlord has not provided any supporting evidence. Without such proof, the Tribunal cannot grant an order for damages.
This approach is consistent with the Tribunal’s general practice and the standard of proof required in civil proceedings.
The landlord has provided invoices and a quote and shown two photos and a short video of alleged damage to a benchtop. I cannot tell if there is actual damage to the benchtop nor if it was caused during this tenancy. There were no pre let and post tenancy inspection reports or photos. The landlord said she just checks the property is ok before and after a tenancy and if there is a problem takes it up with the tenant directly.
The landlord has not provided evidence that the carpet was damaged, the walls had pin holes in them and that the place was not left reasonable clean and tidy.
The landlords claim must fail because of the lack of supporting evidence.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The landlord has not satisfied me that it is more likely than not that the tenant caused damage to the property during the tenancy. Bond/Suppression/Filing Fee:
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.
The landlord has applied for suppression and as they have been partially successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5350363 — net $809.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,536.42	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$809.42
Total payable by Tenant to Landlord	$809.42

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sheikh Fareed Saheb must pay [The landlord/s] $809.42 immediately, being rent arrears to 18 September 2025 and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,536.42 Filing fee reimbursement$28.00 Total award$1,564.42 Minus Bond-$755.00 Total payable by Tenant to Landlord$809.42
The Bond Centre is to pay the bond of $755.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The application for damages of the granite bench top, cleaning, wall repairs and carpet are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, reimbursement of the filing fee and damages. The tenant had been a tenant in another property of the landlords. When the tenant moved to this tenancy the bond of $2100.00 from the previous tenancy was transferred to the new tenancy, minus damages the landlord claimed at the end of the first tenancy. The total bond left at the bond centre after deductions made by the landlord for damage to the first tenancy, was $755.00. Rent Arrears:
The landlord has applied for rent arrears and has provided rent records which prove the amount $1536.42 owing on 18 September 2025.
The tenant does not dispute the rent arrears.
I am satisfied that the landlord has proven their claim for rent arrears. Damages:
The landlord is claiming that the tenant caused damage to the property during the tenancy, by causing chips on the granite bench top and damage to the carpet. There were other claims about cleaning and fixing pin holes in the wall.
The landlord provided the Tribunal with several invoices and one quote for damages. Quotes:
A quote is not sufficient evidence for the Tribunal to award damages. A quote is only an estimate of what the repair or replacement might cost and does not prove that the work was actually required or completed, nor does it confirm the actual amount spent. The Tribunal requires evidence such as invoices, receipts, or photographs showing the damage and the completed repairs, to establish both the need for the work and the actual cost incurred. Without this supporting evidence, a claim based solely on a quote cannot be upheld. Standard 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.
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.
For a landlord to succeed in a claim for damages, it is essential that they provide evidence to support their claim. The Tribunal must be satisfied, on the balance of probabilities, that the damage occurred during the tenancy, that it was caused by the tenant (or someone the tenant is responsible for), and that it is more than fair wear and tear. Evidence can include photographs, inspection reports, invoices, or witness statements. In this case, the landlord has not provided any supporting evidence. Without such proof, the Tribunal cannot grant an order for damages.
This approach is consistent with the Tribunal’s general practice and the standard of proof required in civil proceedings.
The landlord has provided invoices and a quote and shown two photos and a short video of alleged damage to a benchtop. I cannot tell if there is actual damage to the benchtop nor if it was caused during this tenancy. There were no pre let and post tenancy inspection reports or photos. The landlord said she just checks the property is ok before and after a tenancy and if there is a problem takes it up with the tenant directly.
The landlord has not provided evidence that the carpet was damaged, the walls had pin holes in them and that the place was not left reasonable clean and tidy.
The landlords claim must fail because of the lack of supporting evidence.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The landlord has not satisfied me that it is more likely than not that the tenant caused damage to the property during the tenancy. Bond/Suppression/Filing Fee:
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.
The landlord has applied for suppression and as they have been partially successful, I am granting suppression.

Tenancy Tribunal case 5350363 — Rent arrears at 84 Flat Bush Road, Clover Park, Auckland 2023

At a glance

Tenancy Tribunal case 5350363 — Rent arrears at 84 Flat Bush Road, Clover Park, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions