How much money was awarded in case 5362188?

The reconciled net award was $322.00.

What type of tenancy dispute was case 5362188?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5362188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13081712-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5362188?

The reconciled net award was $322.00.

What type of tenancy dispute was case 5362188?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5362188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13081712-Tribunal_Order_Redacted.pdf.

142 Te Manatu Drive, Huntington, Hamilton 3210 Tenancy Tribunal Case 5362188 — Property damage

Q: What was Tenancy Tribunal case 5362188 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5362188 — net $322.00 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$322.00

The Tribunal orders suppression of the parties’ names and identifying details.

[The tenant/s] to pay [The landlord/s] $322.00 from the bond, being for painting repairs.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $322.00 [The tenant/s]: $2,278.00

Reasons

Both parties attended the hearing.

The landlord has applied for compensation for paint repairs and the replacement of a bench top in the kitchen following the end of the tenancy.

The tenant accepted liability for the paint repairs and the amount claimed is awarded to the landlord by consent.

The landlord claimed that the tenant had carelessly caused damage to the kitchen bench top which it is now necessary to replace as it cannot be repaired.

The landlord provided photographic evidence of the state of the bench top at the start of the tenancy when there was already some damage present. The damage appears to have been caused by placing hot items on the surface which left a number of unsightly, white circle rings on the surface.

The landlord provided photographic evidence of the state of the bench top at the end of the tenancy which shows that there are now further, similar damage together with rectangular and swirl marks over part of the already damaged area and in further locations.

The landlord advised that it had not made a claim to its insurer, had not replaced the bench top and had re-let the property with the bench top in place in its present condition.

The tenant accepted that they had caused some damage to the bench top and estimated that it was no more than 5 to 10% of the total damage. Discussion and decision

At the start of the tenancy the bench top was damaged and the landlord confirmed that it intended to repair it. The cost of such repair to the landlord was, presumably, the insurance excess of $500.00. The landlord claimed that the damage caused by the tenant now meant that the bench top required replacement. The landlord’s loss remains the $500.00 excess.

The landlord has not proven that it was any worse off after the tenant had further damaged the bench top. The landlord remained liable for only the $500.00 excess which he was liable for at the start of the tenancy.

Further, as the work has not been done nor any excess paid and the property has been able to be re-let with the bench top in its present condition, the landlord has not proven any actual loss.

Having considered all the evidence and the parties’ arguments, the Tribunal is not persuaded on the balance of probabilities that the landlord has proven that it has suffered the loss it is claiming.

The landlord’s claim for the insurance excess for the bench top is dismissed. Suppression

As the parties came to agreement regarding the paint repairs and the tenant has successfully defended the landlord’s other claim, it is appropriate that both parties’ names be suppressed.

Order

Claims and awards in Tenancy Tribunal application 5362188 — net $322.00 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$322.00