evidence requirements
📖 What is evidence requirements? Meaning and definition
In New Zealand tenancy law, when a party brings a claim before the Tenancy Tribunal, they must meet certain evidence requirements. This means they are responsible for providing all the necessary proof to convince the Tribunal, on the balance of probabilities, that their claim is valid. If a party fails to provide this evidence, their application may be dismissed, regardless of its potential merit.
For example, a landlord claiming rent arrears needs to provide a complete and accurate rent summary, and they are also required to keep proper business records of rent paid. Similarly, if a landlord claims for damages, they might need to provide pre-tenancy photographs and other corroborating documents to show the condition of the property before the tenancy began.
The type of evidence can vary depending on the claim, but it often includes documents, photographs, and sometimes independent witnesses. The Tribunal will not gather evidence for the parties; it is solely the responsibility of the applicant to present their case thoroughly. This ensures that decisions are made based on verifiable facts and not just allegations.
📋 Requirements
- Evidence must be provided to establish the claim to the civil law standard of proof, on the balance of probabilities.
- The applicant must provide the evidence necessary to prove their case.
- Landlords are required to keep proper business records of rent paid.
- Pre-tenancy photographs and pre-inspection checklists are important for claims related to property damage.
- Independent witnesses, corroborating documents, and photographs are important for discharging the burden of proof.
📝 Procedure
- The landlord or tenant files an application with the Tenancy Tribunal.
- The applicant prepares and organises all necessary evidence, such as rent summaries, photographs, and receipts.
- Evidence is filed or offered in relation to the damages claimed or other issues.
- Parties may be given deadlines to provide further evidence, such as receipts or photographs.
- The Tribunal assesses whether the evidence provided satisfies the claim on the balance of probabilities.
💡 Examples
- A landlord's claim for curtain damages was dismissed because they did not provide pre-tenancy photographs and relied only on a pre-inspection checklist.
- A landlord's claim for rent arrears was dismissed because the rent summary provided was incomplete and did not match a letter sent to the tenant.
- A tenant was ordered to pay for rent owed because the landlord provided rent records that proved the amount owing at the end of the tenancy.
- A landlord was given 30 minutes during a hearing to produce a full and complete rent summary after their initial summary was found to be incomplete.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What happens if I don't provide enough evidence for my Tenancy Tribunal claim?
If you fail to provide the necessary evidence to prove your case, your application may be dismissed by the Tenancy Tribunal, even if your claim has merit.
What kind of evidence is typically needed for a claim about property damage?
For property damage claims, important evidence often includes pre-tenancy photographs, pre-inspection checklists signed by both parties, and any receipts for repairs or replacements.
Do I need to keep records of rent payments as a landlord?
Yes, landlords are required to keep proper business records of rent paid under section 30 of the Residential Tenancies Act 1986, and these records are crucial for any rent arrears claims.
Can the Tenancy Tribunal help me gather evidence for my case?
No, the Tenancy Tribunal will not extract evidence for you. It is incumbent upon the applicant to provide all the necessary evidence to prove their case.
What does 'on the balance of probabilities' mean for evidence requirements?
This legal standard means you must show that it is more likely than not that your claim is true. Your evidence needs to be strong enough to convince the Tribunal that your version of events is more probable than the other party's.