Published tribunal order
Tenancy Tribunal case 4724769 — Property damage at 114 Kennedy Road, Dairy Flat, RD 2, Dairy Flat 0792
Decided 5 Mar 2024 · Published 5 Mar 2024 · Application 4724769
Landlord favoured
- Property damage
Order
- The Bond Centre is to pay the bond of $3,580.00 (5735806-005) to Mengye Investments Limited as agent for Xiaohe & Zheng Feng immediately.
- Will Dillon and Corey Leigh Brierly must pay Mengye Investments Limited as agent for Xiaohe & Zheng Feng $3,190.44 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$5,750.00 Insurance excess$1,000.00 Filing fee reimbursement$20.44 Total award$6,770.44 Bond$3,580.00 Total amount the tenants must pay the landlord$3,190.44
Reasons
- Lindsay Ye and Alex Meng attended the hearing for the landlords’ agent.
- The tenants did not attend. The hearing proceeded in their absence.
- The landlord has applied for compensation, reimbursement of the filing fee and payment out of the bond following the end of the tenancy. Background
- The tenancy began on 22 September 2020 and ended on 27 March 2023 due to a fire that destroyed the premises.
- The landlords’ insurance company paid out on the landlords’ claim less an excess of $1,000.00. The insurance company did not cover the demolition and removal of the tenants’ tree house or shed which the fire damaged also.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenants must vacate the premises, remove their belongings, and all their rubbish. 1
- The tenants did not remove their fire-damage shed, tree house, and other belongings at the end of the tenancy.
- I am satisfied that the landlords had to pay a contractor $5,750 to remove the tenants’ property. Are the tenants liable for the landlords’ excess?
- To avoid liability for damage that occurs during the tenancy, the tenants must prove they did not carelessly or intentionally cause or permit the damage. 2
- The tenants have not disproved liability for the damage.
- The Tribunal orders the tenants to pay the landlords’ $1,000.00 excess. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e). 2 RTA, ss 40(2)(a), 41, and 49B RTA. Filing fee
- The landlord has wholly succeeded in its claim. Therefore, the Tribunal must order the tenants to reimburse it for the filing fee. Bond
- The bond should be paid to the landlord in the circumstances.