What was the outcome of Tenancy Tribunal case 4951076?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4951076?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4951076?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4951076?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11039298-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4951076?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4951076?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4951076?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4951076?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11039298-Tenancy_Tribunal_Order.pdf.

388B Broadway, Miramar, Wellington 6022 Tenancy Tribunal Case 4951076 — Cleanliness

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Reasons

Both parties attended this video hearing.

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 to establish their claims “on the balance of probabilities.” That means that in this case, the landlord must establish that what they are claiming is more likely than not.

The term “balance of probabilities” means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is more likely. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely.

The obligation to show that something is more likely than not is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs may be an important part of discharging this burden. Ultimately however, it is for the party making the application to decide what evidence to put before the Tribunal.

As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: “ like 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 emphasis is mine).

The landlord seeks compensation for rubbish removal and cleaning. The only evidence provided by the landlord was an invoice for the work. Normally the Tribunal would expect to see photos or other evidence, so that it can assess the amount of rubbish and whether the premises had been left reasonably clean and tidy by the tenant. Without the benefit of that further evidence, the Tribunal is unable to assess the potential liability of the tenant. It is for the landlord to establish the claim to the civil law standard of proof, on the balance of probabilities. The landlord has not proven its claim to that standard and the application is dismissed.

I make no order regarding the filing fee as the landlord has not been wholly or substantially successful.

Reasons

Both parties attended this video hearing.

I make no order regarding the filing fee as the landlord has not been wholly or substantially successful.

Tenancy Tribunal case 4951076 — Cleanliness at 388B Broadway, Miramar, Wellington 6022

At a glance

Tenancy Tribunal case 4951076 — Cleanliness at 388B Broadway, Miramar, Wellington 6022

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions