Evidence

To improve the chances of success, the tenant’s claims should all 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.

As much as possible, 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.

Find out more about how to submit evidence here 

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).

Witnesses can provide a statement, attend by phone, or attend in person. More weight will be given to a witness that can be questioned by the adjudicator.

Witnesses have to wait outside the courtroom until they’re called to give their 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
• it is better to provide too much evidence than too little, but do not include information that is 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
• documents such as receipts, invoices, bank statements, inspection reports, letters, emails
• statements by witnesses.