Published tribunal order
Tenancy Tribunal case 4689649 — Property damage at 17B Routley Avenue, Kaikohe, Kaikohe 0405
Decided 19 Dec 2023 · Published 19 Dec 2023 · Application 4689649
- Property damage
Order
- By consent, [The tenant/s] must pay Mid North Real Estate Limited as agent for John Cash $1,585.00 immediately, being the balance owing on a claim for damage to carpet (insurance excesses) PROVIDED HOWEVER that the amount owing will reduce to $814.06 if the Bond Centre refunds the amount of $770.94 to the landlord (which has been paid to the tenant).
Reasons
- Both parties attended the hearing; Ms Robinson represented the landlord.
- The tenant has accepted a claim for damage to the carpet at the premises limited to the excess amounts charged by the landlord’s insurer.
- The landlord authorised release of part of the bond ($770.94) to the tenant, but recalled that authorisation once it received advice about the amount of the insurance excesses that would apply to the claim.
- The Bond Centre released part of the bond to the tenant based on the (recalled) landlord authorisation.
- The landlord seeks an order for the Bond Centre to pay the part of the bond released to the tenant, to it.
- That is not an order the Tribunal can make.
- If the Bond Centre decides to pay the landlord, it is probable that the tenant will be asked to refund the part of the bond he has received.
- Either way, the tenant’s liability will be the same.
- I have made a consent order for the tenant to pay the full amount to the landlord. Currently, he is paying that off at $20.00 per week.
- If the Bond Centre decides to pay the landlord the part of the bond paid to the tenant, the tenant’s liability to the landlord will reduce to $814.06.
- The landlord did not seek reimbursement of the filing fee.