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tenancy

Preparing evidence for the Tenancy Tribunal

Key Takeaway

Preparing evidence for the New Zealand Tenancy Tribunal involves gathering and organising relevant documents, photos, videos, and witness statements. The Tribunal operates with flexibility, not being bound by strict legal formalities and can accept any evidence it deems helpful to achieve a fair outcome. Clear and well-organised evidence is crucial for supporting a claim or defence.

Preparing Evidence for the Tenancy Tribunal

When a dispute between a landlord and a tenant cannot be resolved directly, either party may apply to the Tenancy Tribunal, a judicial body that resolves disputes between landlords and tenants, for a resolution. Presenting well-prepared evidence is a critical step in supporting a claim or defence before the Tribunal.

The Tenancy Tribunal's Approach to Evidence

The Tenancy Tribunal operates under principles designed to ensure justice is served efficiently, often without the strict formalities of higher courts. This includes a flexible approach to evidence:

  • Substantial Merits and Justice: The Tribunal is mandated to determine all proceedings based on the substantial merits and justice of the case, without being bound by strict legal forms or technicalities [Source: Residential Tenancies Act 1986, s 85].
  • Broad Admissibility: The Tribunal has the power to receive any statement, document, information, or matter that it believes may assist in dealing effectively with the proceedings. This applies whether or not the evidence would be admissible, meaning legally accepted, in a court of law [Source: Residential Tenancies Act 1986, s 86]. This allows for a wider range of information to be considered.

Common Types of Evidence

Parties should gather all information that supports their position. Common types of evidence include:

  • Tenancy Agreement: The signed tenancy agreement and any variations or addendums [Source: Residential Tenancies Act 1986, s 13].
  • Communication Records: Copies of all correspondence, such as emails, text messages, and letters, between the landlord and tenant. These should be dated and complete.
  • Condition Reports: Detailed entry and exit condition reports, ideally signed by both parties, documenting the state of the premises at the start and end of the tenancy [Source: Residential Tenancies Act 1986, s 35(1)(d), s 38(1)(d)].
  • Photographs and Videos: Visual evidence of the property's condition, damage, or repairs. These should be clear, dated, and show the context of the issue.
  • Financial Records: Bank statements, rent ledgers, receipts, and invoices related to rent payments, bond, repairs, or other expenses [Source: Residential Tenancies Act 1986, s 17(1)].
  • Witness Statements: Written statements from individuals who have direct knowledge of the facts, such as neighbours, tradespeople, or property managers. These statements should be signed and dated.
  • Professional Reports: Reports from qualified professionals, such as builders, electricians, or cleaning companies, detailing specific issues or work done.

Preparing and Organising Evidence

While the Tribunal is flexible on admissibility, presenting evidence in a clear and organised manner assists the adjudicator in understanding the case:

  1. Relevance: Ensure all evidence directly relates to the claims or defences being made.
  2. Chronological Order: Organise evidence, particularly communication and events, in date order to create a clear timeline of events.
  3. Labelling: Label documents clearly, for example, 'Exhibit A - Tenancy Agreement', 'Exhibit B - Email from landlord 1/1/2023', 'Exhibit C - Photo of damage 15/2/2023'.
  4. Copies: Provide copies of all evidence for the Tribunal and the other party involved in the dispute.

The Tribunal's Powers Regarding Evidence

To ensure all necessary information is brought before it, the Tenancy Tribunal has several powers:

  • Evidence on Oath: The Tribunal may require any evidence to be given on oath or affirmation [Source: Residential Tenancies Act 1986, s 87].
  • Summoning Witnesses: The Tribunal has the authority to summons, meaning legally order, any person to appear as a witness and produce any relevant documents [Source: Residential Tenancies Act 1986, s 89].
  • Discovery and Production of Documents: The Tribunal may order any party to the proceedings to provide discovery of documents (reveal relevant documents in their possession) or to produce documents [Source: Residential Tenancies Act 1986, s 90].
  • Entry and Inspection: A Tribunal adjudicator may enter and inspect any premises that are the subject of the proceedings, provided reasonable notice is given and the privacy of the occupant is respected [Source: Residential Tenancies Act 1986, s 88].

When to Seek Independent Legal Advice

Parties involved in Tenancy Tribunal proceedings, particularly for complex disputes or where significant financial outcomes are at stake, may find it beneficial to seek independent legal advice. This includes understanding the application of the Residential Tenancies Act 1986, preparing compelling evidence, and navigating the Tribunal process. Assistance can be obtained from qualified legal professionals or through free services provided by Community Law Centres.

Key Resources