Landlord's Damage Claim Dismissed for Lack of Evidence
📌 In brief
The Tenancy Tribunal dismissed the landlord's claim for damages because the landlord did not provide enough evidence to support their claim. The landlord claimed that the tenant caused damage to the property, but did not present any proof of this damage.
⚖️ Legal holding
A landlord's claim for damages must be supported by sufficient evidence.
📖 Technical summary
The claimant's damage claim was dismissed due to insufficient evidence.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's claim for damages due to the lack of evidence presented. The landlord failed to provide any proof of alleged damage to the property, including a missing smoke detector, broken door handles, and damage to doors.
📚 Full judgment Official document
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[2025] NZTT 5084528
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. This matter is dismissed for lack of evidence.
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for compensation following the end of the tenancy.
3. The landlord has previously had an order for rent arrears.
4. The landlord has not submitted any evidence supporting the claim for damage to the property, being an allegedly missing smoke detector, door handles and damage to the front door and some other doors.
5. Due to the lack of evidence presented I dismiss the claim at this time.
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6. The landlord indicates it may in due course re file another claim. It will be over to another adjudicator to hearing it.
[NAME]
09 June 2025
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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/
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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:
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The landlord's claim for damage to the property was rejected because no evidence was submitted to support it.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's claim for damages due to insufficient evidence.
What was the dispute about?
The dispute was about whether the landlord could prove that the tenant caused damage to the rental property.
How did the court decide, and why?
The court decided to dismiss the claim because the landlord did not provide any evidence to support the claim for damage.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the lack of evidence provided by the landlord to support the claim for damage.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have sufficient evidence to support their claim before bringing it to the Tenancy Tribunal.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.