What was the outcome of Tenancy Tribunal case 4969118?

The tribunal order states: The claims are dismissed for want of evidence.

How much money was awarded in case 4969118?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4969118?

The primary dispute was Lock/Key Replacement. Related themes: Window Repairs, Replace Furnishings.

Where can I read the official tribunal order for case 4969118?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11122659-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4969118?

The tribunal order states: The claims are dismissed for want of evidence.

How much money was awarded in case 4969118?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4969118?

The primary dispute was Lock/Key Replacement. Related themes: Window Repairs, Replace Furnishings.

Where can I read the official tribunal order for case 4969118?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11122659-Tenancy_Tribunal_Order.pdf.

Room 21, 224 Green Lane West, Epsom, Auckland 1051 Tenancy Tribunal Case 4969118 — Lock/Key Replacement

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Reasons

The landlord attended the hearing represented by Mr Young.

Mr Te Rore did not attend the hearing. He had been emailed the notice of hearing which included the link to the video hearing, therefore as he had notice of the hearing but did not attend, it went ahead in his absence. He was not telephoned as the landlord did not have a contact number for him.

The landlord has applied for compensation following the end of this very short (11 to 21 July 2024) tenancy.

Mr Young says that whilst Mr Te Rore was staying at the unit, the door got jemmied open, a window got broken and the oven and microwave got smashed.

In the Tenancy Tribunal, applicants are required to establish their case to the civil standard of “balance of probabilities”. This means that they must establish that the situation is more likely than not to be as they argue or allege.

Here damage is alleged. In that case, the rules are slightly different. It is for the landlord to first prove there is damage, then that the damage is not fair wear and tear and then that it occurred during the tenancy. If it is alleged that the damage is intentional, then it is also for the landlord to prove that the damage was the result of an act or omission by the tenant or by a person for whose actions the tenant is responsible, and the act or omission occurred on or about the premises and constitutes an imprisonable offence. The onus then shifts to the tenant to prove that the damage was not intentionally done or was not caused by a careless act or omission.

The evidence Mr Young has submitted in support of his claims are quotes and estimates for the repair work and replacement items. As that is insufficient evidence, I provided him with further time after the hearing to file substantiating evidence such as photos of the damage, evidence it occurred during the tenancy and invoices to establish the work had been done. He did not file this evidence.

Accordingly on the evidence I have before me, it has not been established that damage occurred during the tenancy. The claims therefore must be dismissed.

Reasons

The landlord attended the hearing represented by Mr Young.

The landlord has applied for compensation following the end of this very short (11 to 21 July 2024) tenancy.

Mr Young says that whilst Mr Te Rore was staying at the unit, the door got jemmied open, a window got broken and the oven and microwave got smashed.

Accordingly on the evidence I have before me, it has not been established that damage occurred during the tenancy. The claims therefore must be dismissed.

Tenancy Tribunal case 4969118 — Lock/Key Replacement at Room 21, 224 Green Lane West, Epsom, Auckland 1051

At a glance

Tenancy Tribunal case 4969118 — Lock/Key Replacement at Room 21, 224 Green Lane West, Epsom, Auckland 1051

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