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’s important to consider whether it’s worthwhile bringing a weak claim and work out where to prioritise putting energy.

The tenant should submit as much evidence as possible with their application. If the application has been submitted, it’s still possible to supply additional supporting documents or add a note to the application, but not to change anything that has already been provided.

Sometimes the tenant may not want a landlord to see sensitive evidence before the hearing, such as medical documents. In this event, the tenant should bring the evidence on the day.

If providing evidence at a hearing, the tenant should note that:

• Three copies of any physical documents should be brought.
• Electronic evidence must have a way to be shown.
• It may not be accepted.

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:

• It’s better to provide too much evidence than too little. If something is not relevant, the adjudicator will say so.
• The adjudicator will consider everything submitted, so it’s good to respect their time and energy.
• Be clear and direct.

If you’re having trouble deciding on what’s 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.