What was the outcome of Tenancy Tribunal case 4973097?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4973097?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4973097?

The primary dispute was 14-day notice. Related themes: Property damage.

Where can I read the official tribunal order for case 4973097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11198768-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4973097?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4973097?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4973097?

The primary dispute was 14-day notice. Related themes: Property damage.

Where can I read the official tribunal order for case 4973097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11198768-Tribunal_Order.pdf.

Unit/Flat 19, 249 Rata Street, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4973097 — 14-day notice

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Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.

This application was first scheduled for hearing on 30 October 2024, but because there was doubt as to the tenant having been served notice of the hearing, and because the landlord had not filed sufficient corroborating information to prove their claims, the matter was adjourned.

The landlord stated today that at recent inspections the tenant has said she no longer has a phone. There is therefore an ongoing question as to whether or not the tenant has received notice of today’s hearing. However, I have put this matter to one side today and heard the landlord’s application.

The applicant is required to establish their claims to the civil law standard of proof, that is, on the balance of probabilities. Balance of probabilities means “more likely than not”. In reaching this standard the applicant may produce corroborating information including witnesses, written documents and photographs in support.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, 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 is seeking termination of the tenancy for damage that has been caused to the premises, because of the tenant’s “behavioural problems” and because the landlord believes the tenant may already have moved out of the premises.

The Tenancy Tribunal can terminate a tenancy because of substantial damage caused to a premises under section the Residential Tenancies Act, 1986 (the “RTA”) section 55(1)(b).

The landlord states that the tenant has caused damage to walls, curtains and the oven among other things. The landlord has not produced photographs that show the premises at the beginning of the tenancy or the damage allegedly caused by the tenant, or any other corroborating information in support of the landlord’s oral information, which in itself is very general.

I am not persuaded by the information before me today that damage has been caused to the premises, and that the damage has been caused by the tenant, and that the damage is substantial. This claim is not proved.

The Tenancy Tribunal can also terminate a tenancy for anti-social behaviour under the RTA section 55A. This section requires that 3 notices in the correct form must be served on the tenant within a 90-day period. This information has not been produced in this case and on that basis I cannot find this claim proved.

Finally, termination for abandonment is covered by section 61 of the RTA, and certain criteria must be met for that section to apply. These criteria have not been met in this application and for that reason I am not able to find this claim proved.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.

The Tenancy Tribunal can terminate a tenancy because of substantial damage caused to a premises under section the Residential Tenancies Act, 1986 (the “RTA”) section 55(1)(b).

Tenancy Tribunal case 4973097 — 14-day notice at Unit/Flat 19, 249 Rata Street, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4973097 — 14-day notice at Unit/Flat 19, 249 Rata Street, Naenae, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions