The Tenancy Tribunal makes decisions on the 'balance of probabilities'. This means it works out what is most likely to be true based on the evidence supplied and from listening to what both parties say.
To improve the chances of success, claims must be backed up by evidence. A claim that has no evidence isn’t irrelevant, but it is important to consider whether it is worth the time and energy to bring a weak claim that may not go in the tenant's favour.
Preparing the documents
It is better to provide too much evidence than not enough, but the evidence must be directly relevant to the case.
The documents submitted must be:
- on A4-sized paper
- clear and easy to read
- one-sided
- copies, not originals.
Do not send original documents, photos or bank statements with the application. They can be brought to the hearing if needed.
Submit evidence with the application
As much as possible, all of the evidence should be submitted with the application. If necessary, additional supporting documents or a note to the application can be added later. No changes can be made to evidence that has already been submitted.
If the tenant is not able to submit evidence until the day of the hearing, it will be at the adjudicator's discretion whether or not they accept the evidence.
If providing evidence at a hearing, the tenant must bring three copies of any documents.
Electronic evidence must be printed out or have a way to be shown (eg, on a phone or tablet).
Confidential information
Any supporting documents submitted will be shared with the other party. If there is confidential information or personal details that are relevant to the case, these should still be included.
However, if the tenant does not want this information made public when the Tenancy Tribunal’s decision is published, they can apply for a suppression order when making the application. The tenant must explain why the suppression is needed.
Types of evidence
There are a lot of different types of evidence that can be included in an application to the Tenancy Tribunal.
Some good points to note are:
- be clear and direct
- provide as much evidence as needed to fully explain the case, but do not include information that is repetitive or not relevant to the case
- the adjudicator will consider everything submitted, so be mindful of not wasting their time and energy with unnecessary information.
If you are having trouble deciding on what is relevant and how to present the evidence, talk to a specialist advocate.
Evidence can include:
- verbal evidence, ie, what the tenant says
- visual evidence such as photos and videos
- communications with the landlord, including emails and texts
- proof of rent paid if the claim includes a dispute about rent
- 14-day notice to remedy, if relevant to the case
- termination notice, if relevant to the case
- other documents relevant to the case, such as receipts, invoices, bank statements, inspection reports, letters, emails etc
- statements by witnesses.
Quick tip
Witnesses
Witnesses can provide a statement, attend by phone, or attend in person. More weight will be given to a witness who can be questioned by the adjudicator.
Witnesses have to wait outside the courtroom until they’re called to give their evidence.
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