Tenant ordered to pay $707 to landlord
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $707 to the landlord after reviewing rent records. Other claims were dismissed due to lack of evidence.
⚖️ Legal holding
A tenant must prove on the balance of probabilities that the landlord's claims are unfounded.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time as agreed in the tenancy agreement. In this case, the landlord provided records showing the amount of rent owing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay $707 to the landlord, dismissing other claims.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $707 to the landlord, dismissing other claims due to insufficient evidence. The landlord provided rent records proving the amount owing, but failed to provide sufficient evidence for other claims.
📚 Full judgment Official document
__________________________________________________________________________________ 5138242 1
[2025] NZTT 5138242
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 4, [ADDRESS], [POSTCODE], single
ORDER
1. [NAME] must pay [NAME] $707.00 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears (to 21 January 2025) $1,980.00 Lock/key replacement $20.00 Filing fee reimbursement $27.00 Total award $2,027.00 Bond $1,320.00 Total payable by Tenant to Landlord $707.00
2. The Landlord’s other claims are dismissed.
3. The Bond Centre is to pay the bond of $1,320.00 (5990950-004) to [NAME] immediately.
__________________________________________________________________________________ 5138242 2
Reasons:
1. The Landlord attended the hearing. The tenant did not attend.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
4. The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated:
“…[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” (emphasis added)
How much is owed for rent?
5. The tenancy ended on 21 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. I have made an order accordingly.
Did the tenant comply with their obligations at the end of the tenancy?
6. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
7. The tenant did not return the keys. The landlord claims $80 for keys/lock she says she replaced from “stock”. She provided no other evidence in support of this claim. I award $20 for key cutting, being the reasonable cost of replacement keys.
8. The landlord also claims that other chattels and a smoke alarm were missing but provided no photographs of where the chattels were removed from, or evidence of replacement costs. The claims are dismissed.
__________________________________________________________________________________ 5138242 3
Is the tenant responsible for the damage to the premises?
9. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
10. The landlord claims that a wall was damaged at the premises. She did not provide in-going or outgoing photographs. She provided an invoice for partial repair of a wall in a sleepout at the premises, but the invoice predates that date that the landlord says the tenant moved out the property. The landlord has not proved this aspect of its claim. The claim is dismissed.
11. As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. The landlord was not substantially successful, so I have declined her request for suppression of her details.
[NAME]
13 March 2025
__________________________________________________________________________________ 5138242 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/
__________________________________________________________________________________ 5138242 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided rent records proving the amount owed.
- The tenant did not attend the hearing, failing to provide evidence.
- The landlord provided evidence for key replacement costs.
- The landlord requested reimbursement of the filing fee.
❌ Tends to be rejected
- The landlord claimed the tenant did not return keys but lacked supporting evidence.
- The landlord claimed other chattels and a smoke alarm were missing without providing necessary evidence.
- The landlord claimed damage to a wall but did not provide in-going or outgoing photographs or evidence of the damage date.
- The landlord requested suppression of her details but was not substantially successful.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $707 to the landlord, while other claims were dismissed.
What was the dispute about?
The dispute was over rent arrears and the return of the bond, among other claims.
How did the court decide, and why?
The court decided based on the evidence presented, ordering the tenant to pay the landlord $707 for rent arrears and dismissing other claims due to insufficient evidence.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(1)(e)(ii)-(v) and 40(2)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was the requirement for the landlord to provide sufficient evidence to support their claims.
Was the decision for or against the person who brought the case?
The decision was partly for the landlord, as the tenant was ordered to pay $707, but mostly against the landlord, as other claims were dismissed.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have sufficient evidence to support their claims when bringing a case to the Tenancy Tribunal.
What evidence or documents mattered?
The rent records provided by the landlord were crucial, while other evidence such as photographs and invoices were not sufficient.