Published tribunal order
Tenancy Tribunal case 4758759 — Tenancy dispute
Decided 2 Feb 2024 · Published 2 Feb 2024 · Application 4758759
- Property damage
- 14-day notice
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
- The landlord withdrew its application to terminate the tenancy and for arrears.
- The landlord withdrew its application for compensation for damage to a kitchen cabinet and the kitchen benchtop.
- The landlord withdrew its claim in relation to compensation for damage to an exterior door.
- The landlord withdrew its application for compensation for damage to glass.
- BY CONSENT: a. In full and final settlement of the claims listed at order 6(c) below [The tenant/s] must pay [The landlord/s] $1,800.00 (the “Settlement Sum”). b. The Settlement Sum of $1,800 is to be paid by 72 weekly instalments of $25.00 (the ‘Weekly Sum’) starting on Thursday 15 February 2024 and continuing every Thursday weekly until the Settlement Sum has been paid in full. If the tenant is more than 3 working days late in paying the Weekly Sum when it falls due, then the whole Settlement Sum that remains outstanding will be payable immediately. c. The Settlement Sum is paid in full and final settlement of the landlord’s claims for compensation for: i. damage to the doors of: The lounge, bathroom and bedroom (first on the right – occupied by the boys) ii. damage to the walls of: The lounge, laundry and bedroom (first on the right – occupied by the boys) iii. damage to the carpet in bedroom (left of hallway)
Reasons
- The tenant and representatives from [The property management company] attended the hearing.
- After a brief adjournment the landlord clarified that it did not want to pursue its application for arrears or its application to terminate on this basis. It was withdrawn.
- The landlord also withdrew its application for compensation for glass as this had been dealt with in an earlier order of the Tribunal. This may be pursued via Collections if it is not paid by the tenant. The landlord cannot bring a second application for the same damage.
- After consideration of the evidence relating to the landlord’s application for damage to a kitchen cabinet and the kitchen bench top the landlord withdrew this part of its application.
- The landlord also withdrew its application for damage to the exterior door as it no longer intended to make a claim in relation to this.
- The landlord made submissions relating to the termination of the tenancy for breach of the tenant’s obligations (s 56(1), Residential Tenancies Act 1986). The landlord’s position is that the tenant caused damage to: i. The doors of: the lounge, bathroom and bedroom (first on the right – occupied by the boys) ii. The walls of: the lounge, laundry and bedroom (first on the right – occupied by the boys) iii. The carpet in bedroom (left of hallway)
- The landlord’s position is that a 14-day notice was issued but the damage has not been remedied within the required 14 days.
- In the context of its application to terminate the tenancy the landlord also referred to rubbish not being disposed of after a 14 day notice had been issued seeking the tenant to remedy this. The landlord however had not inspected the area to see if the issue relating to the rubbish had been resolved after the 14 day notice had been issued. The tenant says she has made considerable progress and it will be gone.
- The tenant admitted liability for the damage claimed at paragraph 6 above and made the landlord an offer to pay $1,800 in full and final settlement to remedy this damage. She says that she can pay $25 weekly starting on 15 February 2024.
- The landlord accepted this offer and withdrew its application for termination.
- The parties agreed that if the tenant is more than 3 working days late to pay the $25 weekly amount then the whole of the $1,800 settlement sum that remains outstanding will fall payable immediately.
- The tenant was reminded at the hearing of her obligations as a tenant. The tenancy has not been terminated at this stage as agreement has been reached but if the landlord can sufficiently prove that additional damage occurs, which the tenant is liable for, then the tenant may find herself before the Tribunal again.
- I have awarded name suppression to both parties as they were able to compromise. It is in the public interest that the parties can resolve the issues between themselves. A party who settles forgoes the chance of total victory but avoids risk and uncertainty. This result could have been achieved at a confidential mediation, but it was expedient to deal with the matter at the hearing (s 95A, Residential Tenancies Act 1986).