What was the outcome of Tenancy Tribunal case 5262127?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5262127?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5262127?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5262127?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11937638-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5262127?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5262127?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5262127?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5262127?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11937638-Tenancy_Tribunal_Order.pdf.

66A Spencer Street, Remuera, Auckland 1050 Tenancy Tribunal Case 5262127 — Rent arrears

Order

The application is dismissed.

Reasons

Ms Clark, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 164, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
It is for an applicant to provide the evidence necessary to prove their claims. If the applicant fails to do so then their application will be dismissed whether it has merit or not, because it is for the applicant to provide the required evidence. It is not the Tribunal’s responsibility to extract evidence.

How much is owing in rent?

The landlord provided a rent record with the application, which included water rates transactions and was not complete. The Tribunal sent the following direction to the landlord on 3 June 2025: “The adjudicator notes that the rent summary provided has water rates transactions included and is confusing and incomplete. It is unclear whether the ‘amount’ column in the rent summary provided addresses amounts paid by the tenant or any arrears balance. Rent summaries are only to contain rent transactions and are to record amounts paid by the tenant, dates these amounts are paid, as well as provide a cumulative rent arrears balance for the period of the tenancy. Please provide a complete rent summary prepared following the template for a rent summary on the Tenancy Services website (link attached) by 9am on Thursday 5 June 2025 by email to gisbornett@justice.govt.nz, citing application 5262127, copied by email to the tenant.”
On 4 June 2025, the landlord provided a document that only went to 12 March 2025, only contained amounts paid by the tenant, the dates rent was paid and the rent periods covered. The rent periods ranged from 2 weeks to several weeks in nature. There was no information provided about rent amounts due for each rental period, such as a week or a fortnight, nor was there any cumulative arrears balance column indicating what the arrears balance was over the period of the tenancy to the hearing date.
At the hearing, the landlord claimed rent arrears of $16,378.57 to 5 June 2025. I pointed out to the landlord that the document provided by the landlord on 4 June 2025 lacked much required information, and that there was not a single document provided by the landlord which showed the tenant owes $16,378.57. The landlord said their secretary had completed the document and was now on leave. The landlord said the owner wanted the Tribunal to know that they are retirees and rely on the rental income.
From the evidence provided, I find the landlord has fallen well-short of providing sufficient evidence to prove the rent arrears claim. There was not one piece of evidence provided by the landlord that showed the amount of rent arrears claimed by the landlord. Despite the Tribunal offering the landlord the opportunity to provide a more complete and updated rent summary before the hearing that contained required information for the claim and providing a link to a template rent summary for this, this was not done by the landlord. The document that was provided was incomplete and only went to 12 March 2025. As such, I find there is insufficient evidence provided by the landlord to prove the rent arrears claim and dismiss this claim. Termination of the tenancy, refund of the bond
As the landlord has provided insufficient evidence for the rent arrears claim, the landlord is unable to prove the tenant was more than 21 days in rent arrears, as there was no cumulative rent arrears balance or other required information, provided by the landlord. There was no other evidence provided to support the termination of the tenancy claim. Therefore, the landlord’s claim for termination of the tenancy is also dismissed, along with the landlord’s claim for refund of the bond.

Order

The application is dismissed.

Reasons

Ms Clark, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 164, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
It is for an applicant to provide the evidence necessary to prove their claims. If the applicant fails to do so then their application will be dismissed whether it has merit or not, because it is for the applicant to provide the required evidence. It is not the Tribunal’s responsibility to extract evidence.

How much is owing in rent?

The landlord provided a rent record with the application, which included water rates transactions and was not complete. The Tribunal sent the following direction to the landlord on 3 June 2025: “The adjudicator notes that the rent summary provided has water rates transactions included and is confusing and incomplete. It is unclear whether the ‘amount’ column in the rent summary provided addresses amounts paid by the tenant or any arrears balance. Rent summaries are only to contain rent transactions and are to record amounts paid by the tenant, dates these amounts are paid, as well as provide a cumulative rent arrears balance for the period of the tenancy. Please provide a complete rent summary prepared following the template for a rent summary on the Tenancy Services website (link attached) by 9am on Thursday 5 June 2025 by email to gisbornett@justice.govt.nz, citing application 5262127, copied by email to the tenant.”
On 4 June 2025, the landlord provided a document that only went to 12 March 2025, only contained amounts paid by the tenant, the dates rent was paid and the rent periods covered. The rent periods ranged from 2 weeks to several weeks in nature. There was no information provided about rent amounts due for each rental period, such as a week or a fortnight, nor was there any cumulative arrears balance column indicating what the arrears balance was over the period of the tenancy to the hearing date.
At the hearing, the landlord claimed rent arrears of $16,378.57 to 5 June 2025. I pointed out to the landlord that the document provided by the landlord on 4 June 2025 lacked much required information, and that there was not a single document provided by the landlord which showed the tenant owes $16,378.57. The landlord said their secretary had completed the document and was now on leave. The landlord said the owner wanted the Tribunal to know that they are retirees and rely on the rental income.
From the evidence provided, I find the landlord has fallen well-short of providing sufficient evidence to prove the rent arrears claim. There was not one piece of evidence provided by the landlord that showed the amount of rent arrears claimed by the landlord. Despite the Tribunal offering the landlord the opportunity to provide a more complete and updated rent summary before the hearing that contained required information for the claim and providing a link to a template rent summary for this, this was not done by the landlord. The document that was provided was incomplete and only went to 12 March 2025. As such, I find there is insufficient evidence provided by the landlord to prove the rent arrears claim and dismiss this claim. Termination of the tenancy, refund of the bond
As the landlord has provided insufficient evidence for the rent arrears claim, the landlord is unable to prove the tenant was more than 21 days in rent arrears, as there was no cumulative rent arrears balance or other required information, provided by the landlord. There was no other evidence provided to support the termination of the tenancy claim. Therefore, the landlord’s claim for termination of the tenancy is also dismissed, along with the landlord’s claim for refund of the bond.

Tenancy Tribunal case 5262127 — Rent arrears at 66A Spencer Street, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 5262127 — Rent arrears at 66A Spencer Street, Remuera, Auckland 1050

At a glance

Claims & awards

Order

Reasons

How much is owing in rent?

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much is owing in rent?

Topics & place

Key findings

Property management

Frequently asked questions