Claimant's Application for Rent Arrears Dismissed

__________________________________________________________________________________ 5262127 1

[2025] NZTT 5262127

TENANCY TRIBUNAL AT GISBORNE | TE TARAIPIUNARA RETIHANGA KI TŪRANGANUI-A-KIWA

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The application is dismissed.

Reasons:

1. [NAME], 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.

2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

3. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

4. 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.

__________________________________________________________________________________ 5262127 2

How much is owing in rent?

5. 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 [EMAIL], citing application 5262127, copied by email to the tenant.”

6. 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.

7. 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.

8. 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.

__________________________________________________________________________________ 5262127 3

Termination of the tenancy, refund of the bond

9. 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.

[NAME]

05 June 2025

__________________________________________________________________________________ 5262127 4

Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

__________________________________________________________________________________ 5262127 5

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: