Published tribunal order
Tenancy Tribunal case 4620990 — Property damage
Decided 15 Feb 2024 · Published 15 Feb 2024 · Application 4620990
- Property damage
Party names are redacted in the official published order.
Order
- The landlords’ names and identifying details including the tenancy address must not be published.
- The Bond Centre is to pay the bond of $905.56 to [the landlords] immediately.
- Johannes (Nardus) Nel must pay [the landlords] $15,199.90 immediately, calculated as shown in table below: DescriptionLandlord Water rates$204.14 Rubbish removal$673.00 Lock/key replacement$173.43 Repairs to walls and ceiling$1,013.25 Replacing/repairing doors$7,037.64 Incidental materials$728.28 Electrical works$1,749.77 Guttering repair$165.89 Garage door replacement$1,839.62 Insurance excess$2,500.00 Filing fee reimbursement$20.44 Total award$16,105.46 Bond$905.56 Tenant must pay landlord$15,199.90
Reasons
- This is a continuation of the hearing of this matter on 9 October 2024. This decision is to be read with the Tribunal’s decision dated 10 October 2024.
- All the parties attended the hearing today.
- The landlords have applied for water arrears, compensation, reimbursement of the filing fee, and payment out of the bond following the end of the tenancy. Water, rubbish removal, lock and key replacement, insurance excess
- The tenancy ended on 2 July 2023.
- The tenant does not dispute the amounts claimed for water, rubbish removal, replacing the locks and keys, and the insurance excess.
Is the tenant responsible for the damage to the premises?
- The legal principles were set out in the Tribunal’s earlier order. It is not necessary to repeat them.
- At the end of the tenancy the were some holes left in the walls and ceiling. I order 75 percent of the amount claimed for the builder’s invoice, which amounts to $1,013.25. I do not order the full amount because I am not satisfied that the tenant was responsible for all the damage repaired.
- Many doors at the premises were gratuitously damaged or missing altogether. The tenant accepted liability for two doors but not the other nine. I am satisfied on the balance of probabilities that the tenant was responsible for all the damage and absences. I allow the landlords’ claims of $6,309.36 and $960.00.
- The landlords had to buy hinges, hardware, paint, rollers, and other materials to repair the damage the tenant is liable for. I find the costs of $728.28 proven.
- The landlords sought reimbursement of $1,914.00 for electrical work. I allow the claim in the reduced amount of $1,749.77. Most of the reduction is due to allowing only 66 percent of the electrician’s labour rather than the 75 percent sought.
- I prefer the landlords’ evidence about damage to the guttering resulting from the tenant’s awning. The claim for $165.89 is proven.
- The tenant accidently damaged the garage door and its mechanism with his Ute. It was more economically sensible for the landlords to replace the door altogether rather than repair it. I order the tenant to reimburse the landlords for 50 percent of the amount claimed. The reduction is to account for betterment and depreciation. The total amount ordered is $1,839.62. Filing fee
- The tenant must reimburse the landlords for the cost of the filing fee. Bond
- The remainder of the bond is to be paid out to the landlords in part satisfaction of the Tribunal’s monetary order. Non-publication
- The landlords seek non-publication of their identifying details.
- The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The landlords have substantially succeeded in the proceedings. I do not consider that publication is nonetheless in the public interest or is justified because of the landlords’ conduct or any other circumstances.
- The Tribunal orders non-publication of the landlords’ identifying details including the tenancy address.