What was the outcome of Tenancy Tribunal case 4798217?

The tribunal order states: The landlord’s claim for compensation for plumbing costs is dismissed.

How much money was awarded in case 4798217?

Verified claim lines are listed on this page.

Where can I read the official tribunal order for case 4798217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10119082-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4798217?

The tribunal order states: The landlord’s claim for compensation for plumbing costs is dismissed.

How much money was awarded in case 4798217?

Verified claim lines are listed on this page.

Where can I read the official tribunal order for case 4798217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10119082-Tenancy_Tribunal_Order.pdf.

75 Dover Street, St Albans, Christchurch 8014 Tenancy Tribunal Case 4798217 — Leaks

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Reasons

Both parties attended the hearing. The tenant attended by telephone.

The landlord has applied for compensation, refund of the bond balance, and reimbursement of the filing fee following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage under sections 40(2)(a), 41 and 49B of the Residential tenancies Act 1986 (the Act).

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent) under section 49B(3)(b) of the Act.

The tenant was responsible for maintaining the lawns and gardens under the tenancy agreement.

During the tenancy the tenant drilled several holes in a tree stump to encourage rot. The tree stump was producing saplings which had to be removed as, if left, they could have caused obstruction on the adjacent public footpath.

The drill hit a water main resulting in water to the premises and a neighbouring property having to be turned off. The landlord arranged a plumber to make the required repairs. The plumber’s invoice for the repair was $286.55.

The damage is more than fair wear and tear so the tenant must prove that he did not carelessly cause the damage.

The tenant provided pipe installation and requirements information from the Building Research Association of New Zealand which confirmed that a water pipe under lawn and garden areas must be at least 450 below ground level. This is in addition to a more general instruction that pipes must be installed in a manner that ensures they are protected from damage.

The tenant provided photographs to show that the alkathene water pipe was approximately 150ml below ground level. It also ran directly underneath the tree stump which seemed to have pulled it up slightly higher in that particular area.

I do not consider that the tenant’s actions in this case were careless. The tenant had no reason to expect or even consider that his actions would result in damage to any services.

I find that the tenant did not carelessly or intentionally cause or permit the damage.

The amounts claimed are not proved and the balance of the bond is to be paid to the tenant as ordered. Filing fee and suppression

As the landlord was not successful the filing fee lies where it falls, and no suppression orders are made.

Reasons

Both parties attended the hearing. The tenant attended by telephone.

The landlord has applied for compensation, refund of the bond balance, and reimbursement of the filing fee following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent) under section 49B(3)(b) of the Act.

The tenant was responsible for maintaining the lawns and gardens under the tenancy agreement.

The damage is more than fair wear and tear so the tenant must prove that he did not carelessly cause the damage.

I do not consider that the tenant’s actions in this case were careless. The tenant had no reason to expect or even consider that his actions would result in damage to any services.

I find that the tenant did not carelessly or intentionally cause or permit the damage.

The amounts claimed are not proved and the balance of the bond is to be paid to the tenant as ordered. Filing fee and suppression

As the landlord was not successful the filing fee lies where it falls, and no suppression orders are made.

Tenancy Tribunal case 4798217 — Leaks at 75 Dover Street, St Albans, Christchurch 8014

At a glance

Tenancy Tribunal case 4798217 — Leaks at 75 Dover Street, St Albans, Christchurch 8014

At a glance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions