Published tribunal order
Tenancy Tribunal case 5301086 — Leaks at 41 Ferry Street, Wyndham, Wyndham 9831
Decided 16 Mar 2026 · Published 16 Mar 2026 · Application 5301086
- Leaks
Order
- [The tenant/s] must pay Property Brokers Limited As Agent For Thomas Wylie $,219.08 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,440.00 (6371191-002) immediately apportioned as follows: Property Brokers Limited As Agent For Thomas Wylie: $569.08 [The tenant/s]: $870.92
Reasons
- The tenant failed to attend the hearing. He advised the property manager by text that he had an appointment and again he had not been notified of today’s hearing. He made no attempt to contact the Tribunal. I do not know why he did not get notified of the hearing as this is not the first time this has happened; however, I have always managed to get him by phone.
- Regardless he was aware that the case was proceeding today.
- This case has had many adjournments and involved a significant amount of money. The background to the case is outlined in my order dated 10 November 2025.
- Mr Cranson has now provided information that has been extremely helpful. I do not propose to go into this further given that the information is of a sensitive nature and following previous discussions with the parties has resulted in the owner withdrawing a substantial part of the claim today. I accept that this is the appropriate action to take.
- The remainder of the claim is in relation to two plumbing invoices. They are for work to unblock the toilet drain. The drain was blocked with many items clearly being put down there over a period of time. The difference here is that it was not a one off incident that had led to the invoices, and I accept that to be damage that the tenant is liable for as being careless damage. The amounts were less than the insurance excess.
- The only other claim is in relation to one insurance excess for the house of $650.00. I note the cover is for ‘accidental cover’. Insurance accepted the claims as accidental. The tenant is not liable for accidental damage therefore can not be liable for the insurance excess that covers accidental claims. The claim must be for careless or intentional damage.
- I therefore cannot find that the claim for the excess for accidental damage is payable.
- Because Property Brokers Limited As Agent For Thomas Wylie has substantially succeeded with the claim I have reimbursed the filing fee.