This week’s Tribunal case digest relates to Simpson, Alan Geraint vs K & S Ballantyne Family Trust, JR Kerr Family Trust and other parties.
The way the adjudicator sets out the order serves as a lesson for landlords on presenting and asserting your claim at the Tribunal.
As our commentary largely relates to process (rather than the application of the Residential Tenancies Act), I will leave you to read about the facts
of the case here. At the outset, it suffices to point
out that the case concerns claims and counterclaims relating to carpet cleaning, breach of quiet enjoyment, and damage to motor vehicle. Though
the outcome (*spoiler alert*) is wholly unsatisfying for both parties, the adjudicator takes the opportunity to explain the process of making a successful
claim thoroughly.
Let’s consider the adjudicator’s words and break down the different elements needed for a successful claim at the Tenancy Tribunal.
1. Threshold of proof
There are two elements to a successful claim:
- The burden/onus of proof: Which rests on the claimant (e.g. that would be you if you bring a claim for rent arrears against your tenant
to the Tribunal); and - The standard of proof: Which in the case of Tribunal cases refer to the civil standard of proof that is on balance of probability
(i.e. answering the question Is it more likely than not that the alleged events happened?)
To borrow the language of Adjudicator Ward in Simpson, “(You must) by evidence(,) meet or exceed the threshold of proof” in order for your claim
to be successful.
The burden of proof is easy enough. If you are the one asserting a claim, then it falls...
