What was Tenancy Tribunal case 4919095 about?

The tribunal order states: The tenants, [The party], [The party] must pay the landlord, Climber Property

How much money was awarded in case 4919095?

Cost Of Drain Unblocking: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4919095?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4919095?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10801925-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4919095 about?

The tribunal order states: The tenants, [The party], [The party] must pay the landlord, Climber Property

How much money was awarded in case 4919095?

Cost Of Drain Unblocking: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4919095?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4919095?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10801925-Tenancy_Tribunal_Order.pdf.

7 Lynette Place, Mangere, Auckland 2022 Tenancy Tribunal Case 4919095 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4919095. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cost of drain unblocking	$900.00		Cost of drain unblocking
Filing fee reimbursement	$20.44		Filing fee reimbursement

The tenants, [The party], [The party] must pay the landlord, Climber Property Limited as agent for Lee Kuin Howell & Thomas E Howell, $920.44 calculated as set out in the table below.

The tenants must pay the $920.44 (“the debt”) at the rate of at least $50.00 per week (bar the final payment which may be less) commencing Wednesday 9 October 2024 and continuing every Wednesday after that date until the debt is paid is full.

If the tenants fail to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court. DescriptionLandlord Cost of drain unblocking$900.00 Filing fee reimbursement$20.44 Total award$920.44

Reasons

The hearing was conducted on Microsoft Teams.

Prashant Jeet attended the hearing by telephone for the landlord.

[The party] attended the hearing by telephone for the tenants.

The landlord seeks an order for payment of an invoice for drain unblocking.

The premises’ wastewater pipe got blocked and the landlord employed a drain contractor to unblock it. The contractor found that a toy, plastic jar, and a tin obstructing the drain. He removed the blockage and flushed the drain out, repairing the damage.

The blockage occurred during the tenancy and the damage was more than fair wear and tear. 1

Mr Jeet submitted that is likely that these objects were flushed down a toilet or put down a gulley trap shortly beforehand. The tenants have four children aged six to nine years. Mr Jeet submitted it is probable the tenants’ children are the “culprits”.

Ms Tyrell responded that the children do not have any toys small enough to be flushed down the toilet or put into a gulley trap. Therefore, the toy was not theirs.

The tenants bear the onus of proving on the balance of probabilities that the tenants, their children, or a visitor of theirs did not carelessly put or allow foreign objects to go down the drains and cause the blockage.

The blockage occurred during the tenancy and is more than fair wear and tear. That being so, the tenants bear the onus of proving they or a person authority did not carelessly or intentionally cause the blockage.

The most probable explanation is that the tenants’ children put items down the drain when they were playing. The tenants have not provided a likely alternative scenario for how a toy could have gotten into he drain. The tenants have not satisfied me that they, their children, or guests did not carelessly cause the blockage.

It follows, I find the tenants liable for the cost of repairing the blockage. However, the invoice records that the contractor cleared some weeds as well as unblocking the drain. Therefore, I reduce the amount the tenants must pay from $977.50 to $900.00.

Ms Tyrell says the family can repay the amount owed at the rate of $50.00 per week. I make an order for payment by instalments at $50.00 per week. 1 See Residential Tenancies Act 1986, ss 49A, 49B.

The tenants must reimburse the landlord for the filing fee.

Claims and awards in Tenancy Tribunal application 4919095. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cost of drain unblocking	$900.00		Cost of drain unblocking
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

The tenants, [The party], [The party] must pay the landlord, Climber Property Limited as agent for Lee Kuin Howell & Thomas E Howell, $920.44 calculated as set out in the table below.
The tenants must pay the $920.44 (“the debt”) at the rate of at least $50.00 per week (bar the final payment which may be less) commencing Wednesday 9 October 2024 and continuing every Wednesday after that date until the debt is paid is full.
If the tenants fail to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court. DescriptionLandlord Cost of drain unblocking$900.00 Filing fee reimbursement$20.44 Total award$920.44

Reasons

The hearing was conducted on Microsoft Teams.
Prashant Jeet attended the hearing by telephone for the landlord.
[The party] attended the hearing by telephone for the tenants.
The landlord seeks an order for payment of an invoice for drain unblocking.
The premises’ wastewater pipe got blocked and the landlord employed a drain contractor to unblock it. The contractor found that a toy, plastic jar, and a tin obstructing the drain. He removed the blockage and flushed the drain out, repairing the damage.
The blockage occurred during the tenancy and the damage was more than fair wear and tear. 1
Mr Jeet submitted that is likely that these objects were flushed down a toilet or put down a gulley trap shortly beforehand. The tenants have four children aged six to nine years. Mr Jeet submitted it is probable the tenants’ children are the “culprits”.
Ms Tyrell responded that the children do not have any toys small enough to be flushed down the toilet or put into a gulley trap. Therefore, the toy was not theirs.
The tenants bear the onus of proving on the balance of probabilities that the tenants, their children, or a visitor of theirs did not carelessly put or allow foreign objects to go down the drains and cause the blockage.
The blockage occurred during the tenancy and is more than fair wear and tear. That being so, the tenants bear the onus of proving they or a person authority did not carelessly or intentionally cause the blockage.
The most probable explanation is that the tenants’ children put items down the drain when they were playing. The tenants have not provided a likely alternative scenario for how a toy could have gotten into he drain. The tenants have not satisfied me that they, their children, or guests did not carelessly cause the blockage.
It follows, I find the tenants liable for the cost of repairing the blockage. However, the invoice records that the contractor cleared some weeds as well as unblocking the drain. Therefore, I reduce the amount the tenants must pay from $977.50 to $900.00.
Ms Tyrell says the family can repay the amount owed at the rate of $50.00 per week. I make an order for payment by instalments at $50.00 per week. 1 See Residential Tenancies Act 1986, ss 49A, 49B.
The tenants must reimburse the landlord for the filing fee.

Tenancy Tribunal case 4919095 — Property damage at 7 Lynette Place, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 4919095 — Property damage at 7 Lynette Place, Mangere, Auckland 2022

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions