What was the outcome of Tenancy Tribunal case 4615536?

The tribunal order states: The Bond Centre is to pay the bond of $2,280.00 (5933006-003) to Alice

How much money was awarded in case 4615536?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4615536?

The dispute type was not classified.

Where can I read the official tribunal order for case 4615536?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9298984-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4615536?

The tribunal order states: The Bond Centre is to pay the bond of $2,280.00 (5933006-003) to Alice

How much money was awarded in case 4615536?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4615536?

The dispute type was not classified.

Where can I read the official tribunal order for case 4615536?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9298984-Tenancy_Tribunal_Order.pdf.

19 Parr Terrace, Castor Bay, Auckland 0620 Tenancy Tribunal Case 4615536 — Tenancy dispute

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Order

The Bond Centre is to pay the bond of $2,280.00 (5933006-003) to Alice Mary McRae, Genevieve Grobler and Annika Jamieson-Brown immediately.

Ashton NZ Property Limited as agent for the landlord must pay Alice Mary McRae, Genevieve Grobler and Annika Jamieson-Brown $20.44 immediately.

All other claims are dismissed.

Reasons

The tenants attended the hearing in person.

Renee Ren attended for the landlord.

The tenants apply for return of their bond.

The landlord has applied for payment over of the bond for the cost of repairing a damaged shower Formica sheet.

The only substantive issue is whether the landlord can prove that the tenants are liable for the damage to the Formica sheet.

Are the tenants liable damage to the Formica sheet?

It is not disputed that a large chip broke off the bottom of a piece of Formica wall sheet.

The tenants say the Formica was old and broke due to fair wear and tear. Another piece of Formica had broken off the adjacent shower wall before this one failed and the landlord had repaired that one.

The landlord says the tenants must have damaged it carelessly.

The 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. Tenants are liable for the actions of people at the premises with their permission. See ss 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986.

I am not satisfied that the damage to the shower wall was due to more than fair wear and tear. The Formica looks old. The earlier repair on the other sheet can be seen in the tenants’ photographs.

Moreover, the landlord’s insurance company has paid out more than the amount claimed in reliance of a quote to repair the Formica. Therefore, the landlord has suffered no loss.

The tenants are not liable for the damage. Bond

The bond is to be returned to the tenants. Filing fee

Because the tenants have wholly succeeded in their claim, the Tribunal must order that the landlord to pay the filing fee paid for their application.

Order

The Bond Centre is to pay the bond of $2,280.00 (5933006-003) to Alice Mary McRae, Genevieve Grobler and Annika Jamieson-Brown immediately.

Ashton NZ Property Limited as agent for the landlord must pay Alice Mary McRae, Genevieve Grobler and Annika Jamieson-Brown $20.44 immediately.

All other claims are dismissed.

Reasons

The tenants attended the hearing in person.

Renee Ren attended for the landlord.

The tenants apply for return of their bond.

The landlord has applied for payment over of the bond for the cost of repairing a damaged shower Formica sheet.

The only substantive issue is whether the landlord can prove that the tenants are liable for the damage to the Formica sheet.

Are the tenants liable damage to the Formica sheet?

It is not disputed that a large chip broke off the bottom of a piece of Formica wall sheet.

The landlord says the tenants must have damaged it carelessly.

I am not satisfied that the damage to the shower wall was due to more than fair wear and tear. The Formica looks old. The earlier repair on the other sheet can be seen in the tenants’ photographs.

Moreover, the landlord’s insurance company has paid out more than the amount claimed in reliance of a quote to repair the Formica. Therefore, the landlord has suffered no loss.

The tenants are not liable for the damage. Bond

The bond is to be returned to the tenants. Filing fee

Because the tenants have wholly succeeded in their claim, the Tribunal must order that the landlord to pay the filing fee paid for their application.

Tenancy Tribunal case 4615536 — Tenancy dispute at 19 Parr Terrace, Castor Bay, Auckland 0620

At a glance

Tenancy Tribunal case 4615536 — Tenancy dispute at 19 Parr Terrace, Castor Bay, Auckland 0620

At a glance

Claims & awards

Order

Reasons

Are the tenants liable damage to the Formica sheet?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Are the tenants liable damage to the Formica sheet?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions