Tenantcheck Insights · Case study
Tenancy Tribunal case 5389425 — Rent arrears
Decided 6 Jul 2026 · Published 6 Jul 2026 · Application 5389425
- Rent arrears
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
G Barnett
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The Tribunal orders suppression of the tenant’s name and identifying details.
- The application is dismissed.
Reasons
- This matter was scheduled for a video hearing. Neither party joined the video link that was sent to them on 05 June 2026. One of the tenants appeared by telephone. I made calls to the landlord’s contact phone numbers; one went to voicemail, and the other was forwarded to voicemail. I am satisfied that both parties had notice of the date, time, and mode of hearing.
- The tenancy ended 29 September 2025. On 14 November 2025, the landlord filed a claim for rent arrears, and compensation for failing to leave the property reasonably clean, failing to remove all possessions, damage, key replacement, bailiffs’ eviction fees, and reimbursement of the filing fee, and a filing fee for a mediated order which they claim was breached by the tenant.
- The onus of proving these claims rests with the landlord. The standard of proof is the balance of probabilities. The landlord must establish that it is more likely than not that the tenant is responsible for the act or omission constituting the breach of the agreement or the Residential Tenancies Act 1986 (Act).
- This is the second hearing in this matter. At the first hearing in February, the issue of evidential sufficiency arose. The landlord referred to evidence that they believed had been provided to the other party and the Tribunal. However, there was no record of this material having been received.
- I adjourned the hearing and directed the landlord to provide all material they wished to rely on to establish the claim, both to the other party directly and to the Tribunal.
- On 05 June 2026, the matter was rescheduled for hearing today, Monday, 6 July 2026.
- The landlord has failed to comply with the evidence directions. No evidence in support of the claims has been provided to the tenant or the Tribunal. Further, the landlord has not attended the hearing at the scheduled time, requested an adjournment, or notified the Tribunal that the matter has settled. See sections 78(1)(i) and 92(1) of the Act.
- The claims are dismissed.
- I note that on 24 September 2025, the District Court made an attachment order against the tenant in favour of the landlord for $3,185.00. One of the claims made in the application for bailiff’s eviction fees appears to have already been included in the attachment order.