Tenantcheck Insights · Case study
Tenancy Tribunal case 5370818 — Rent arrears at 42 Prado Drive, Pukekohe, Pukekohe 2120
Decided 11 March 2026 · Published 11 March 2026 · Application 5370818
Dismissed
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Dismissed
From published order
Location
Pukekohe
Tribunal region
Adjudicator
J Setefano
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 application is dismissed.
Reasons
- This matter concerns a landlord’s application following the end of a residential tenancy seeking recovery of rent arrears, unpaid water charges, and compensation for alleged damage to the premises. The Tribunal must determine whether the landlord has established the claims on the evidence available and in accordance with the requirements of the Residential Tenancies Act 1986.
- The original hearing of the landlord’s application was held by video conference on 8 January 2026. Following that hearing, the Tribunal adjourned the matter and issued directions requiring the landlord to provide additional evidence necessary to determine the claims. The proceeding was reconvened today by teleconference. Background
- At the hearing on 8 January 2026, the landlord attended but the tenant did not attend and no explanation was provided for the tenant’s absence. The Tribunal was satisfied that notice of the hearing had been properly served.
- The landlord had initially applied for termination of the tenancy, rent arrears, and unpaid water charges. During the hearing, the landlord advised that the tenant had vacated the premises and that the tenancy had ended around late October or early November 2025. As a result, the application for termination was no longer required.
- The landlord further alleged that the tenant had left the premises in a very poor condition and that significant damage had been discovered after the tenancy ended. The landlord stated that he believed the tenant had been cultivating marijuana at the premises and that the matter had been reported to Police. The landlord also advised that he had lodged an insurance claim in relation to the alleged damage but that the claim had been declined.
- The landlord indicated that he intended to pursue claims for rent arrears to the end of the tenancy, unpaid water charges, compensation for damage to the premises, and refund of the bond.
- However, the Tribunal was unable to determine those claims at the time because the necessary supporting evidence had not been provided. Adjournment and Directions
- The Tribunal explained to the landlord that claims for rent arrears, water charges, and compensation following the end of a tenancy must be supported by clear, reliable, and itemised evidence. The Tribunal must determine such claims on the balance of probabilities and cannot make findings based solely on assertions.
- In particular, the Tribunal requires adequate documentation to determine the nature of the claim, the cause of any alleged loss or damage, whether liability arises under the Act, and the appropriate quantum of any award.
- The Tribunal therefore directed the landlord to file and serve specific information to enable the claims to be properly assessed. Those directions required the landlord to provide an updated rent summary identifying all rent charged and all payments received up to the end of the tenancy, documentation supporting the water charges claimed, a detailed schedule of the alleged damage, photographs and inspection reports showing the condition of the premises, invoices or quotes supporting the repair costs claimed, and a copy of the insurance correspondence relied upon.
- The Tribunal explained that this information was necessary to allow the Tribunal to determine whether any damage exceeded fair wear and tear, whether the tenant was liable under the Act, and whether the amount claimed was reasonable.
- The matter was adjourned to allow the landlord a reasonable opportunity to provide that information and to ensure procedural fairness to both parties. Reconvened Hearing
- The reconvened hearing was held today by teleconference. The landlord attended the hearing but the tenant did not attend. I am satisfied that notice of the reconvened hearing was properly served on the tenant and I consider it reasonable to proceed with the hearing in the tenant’s absence.
- During the reconvened hearing it became apparent that the landlord had not complied with the Tribunal’s earlier directions. None of the information or evidence requested in the adjournment directions had been filed with the Tribunal or served on the tenant.
- When asked about this, the landlord stated that he was still gathering the information. The Tribunal asked the landlord why he had not sought a further adjournment if the required information was not yet available. The landlord then suggested that he could now provide the information during the hearing.
- However, the purpose of the adjournment directions was to ensure that the relevant evidence was filed and served in advance of the hearing so that the Tribunal could properly assess the claims and so that the tenant would have a fair opportunity to review and respond to the material relied upon. Attempting to introduce evidence for the first time during the reconvened hearing would undermine procedural fairness and defeat the purpose of the earlier directions. Legal Framework
- Where rent arrears are claimed, the landlord must provide reliable evidence establishing the amount of rent charged, the payments received, and the balance outstanding.
- Similarly, claims for water charges must be supported by invoices or other documentary evidence demonstrating the charges incurred and the basis on which the tenant is liable for those charges under the tenancy agreement and the Act.
- Claims for compensation for damage are governed by the statutory framework established by the Act, including the principles concerning tenant liability for damage and the distinction between fair wear and tear and damage for which a tenant may be responsible. The Tribunal must determine such claims on the balance of probabilities and requires sufficient evidence to assess the nature of the damage, causation, liability, and quantum.
- In all cases, the party bringing a claim bears the onus of proving that claim. Assessment
- Despite being given a clear opportunity to provide the required information and despite the Tribunal’s specific directions identifying the evidence required, the landlord has failed to provide any of the documentation necessary to establish the claims.
- There is no updated rent ledger identifying the rent allegedly owing at the end of the tenancy. There are no water invoices supporting the water charges claimed. There is no itemised schedule of the alleged damage, no inspection reports or photographs showing the condition of the premises, and no invoices or repair quotes establishing the cost of any alleged repairs.
- In the absence of this evidence, the Tribunal is unable to determine the nature of the alleged loss, whether the tenant is liable under the Act, or the amount of any compensation that may be appropriate.
- The Tribunal cannot make findings based solely on the landlord’s assertions. The statutory framework requires claims to be supported by credible and reliable evidence.
- Given the landlord’s failure to comply with the Tribunal’s earlier directions and the absence of the required evidence, the landlord has not established the claims on the balance of probabilities. Decision
- For the reasons set out above, the landlord has failed to prove the claims made in the application.
- The landlord’s application is therefore dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s8
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5370818?
The tribunal order states: The application is dismissed.
How much money was awarded in case 5370818?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5370818?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5370818?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13267751-Tenancy_Tribunal_Order.pdf.