Landlord’s Claim Dismissed: Importance of Proper Documentation Highlighted

OUTCOME: Dismissed

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[2026] NZTT 5417828

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The application is dismissed.

2. The landlord may make another application for the same claims.

Reasons:

1. Neither party joined the telephone conference for this hearing.

2. I telephoned the applicant’s representative, Ms [COUNSEL], and asked her to join the telephone conference. She said that she could not do so. It seems that the link with the Notice of Hearing did not allow her to join.

3. I tried, with difficulty, to obtain some basic information concerning this application from Ms [NAME]. I pointed out that there was no tenancy agreement on the file, the rent statement was incomplete and there was no evidence to support the claims that are being made.

4. She said that one of her property managers had filed the application. She was not available to attend the hearing.

5. Ms [NAME] explained that there is a written tenancy agreement, and it was for a fixed term from 15 June 2024 until 14 June 2025. She said that the landlord

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served the required notice confirming that the tenancy would not continue past the contractual end date.

6. She said that the tenant did not vacate the premises until 24 October 2025. As far as I could ascertain, the landlord did not make an application for possession of the premises. This application was not filed until 18 December 2025.

7. The landlord claims $16,500 rent arrears, $2,000 for curtains and $6,000 paid to the incoming tenants by way of compensation because they could not move into the premises. There was not a shred of evidence on the file to support any of these claims.

8. Generously, I have dismissed the application but made it clear that the landlord may bring another application for the same claims. I have not given any indication of the evidence the landlord should provide at the next hearing. That is up to them. My only suggestion is that they provide all the evidence they have in their possession and that they consider very carefully what additional evidence they may need to prove their claims, and they obtain and provide that evidence as well.

9. It is extremely unlikely that the landlord will be given another chance to make these claims if next time around they are not fully prepared for the hearing.

[NAME]

03 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: