What was the outcome of Tenancy Tribunal case 4646770?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4646770?

Verified claim lines are listed on this page.

Where can I read the official tribunal order for case 4646770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565103-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4646770?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4646770?

Verified claim lines are listed on this page.

Where can I read the official tribunal order for case 4646770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565103-Tenancy_Tribunal_Order.pdf.

74 Avenue Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4646770 — Leaks

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Reasons

Both parties attended the hearing.

The Landlord claims against the Tenant the costs associated with unblocking the shower drain. The Applicant says the plumber it engaged, found and photographed a bottle top or plastic lid blocking the drain.

The Tenant says this story has been fabricated, and the Landlord has failed to disclose that the plumber had come days earlier to unblock the drain.

Crucial evidence, namely the invoice for the first visit and the alleged photograph of the bottle top, were not provided by the Landlord. The Landlord did say the drain had been unblocked previously and it paid for this.

The Landlord is required to establish its claim to the civil law standard of proof, on the balance of probabilities.

Upon careful examination of the evidence provided, both written and oral, the following observations were made: a. The plumber invoice indicated a piece of plastic being the cause of the blockage, and no mention of a bottle top was made at that time. b. Mr Santos, Plumber, of All Things Plumbing & Gas Ltd, Mt Roskill, Auckland was telephone into the hearing. The Tenant’s recollection of events, especially the second visit by Mr Santos, appears more consistent and vivid. c. Mr Santos's account of the timing of his second visit and his interactions with the Tenant appeared inconsistent. d. Mr Santos’s explanation for not discussing the alleged bottle top with the Tenant, due to instructions from the Property Managers not to speak with the Tenant, is questionable given he demonstrated how to open the drain cap to the Tenant and their conversation appeared quite cordial. e. The possibility that Mr Santos did not adequately address the blockage issue during his initial visit cannot be discounted. f. Based on the above observations, and on the balance of probabilities, the following conclusions are reached: i. There is insufficient evidence to prove that the Tenant was responsible for the second blockage in the drain. ii. There are valid concerns about the accuracy and credibility of Mr Santos’s evidence.

It is more likely that the drain was not properly unblocked during the initial visit, leading to the necessity for a second intervention.

In light of these conclusions, the Landlord's claim against the Tenant for the cost of the plumber’s second visit to unblock the shower drain is hereby dismissed.

Reasons

Both parties attended the hearing.

The Tenant says this story has been fabricated, and the Landlord has failed to disclose that the plumber had come days earlier to unblock the drain.

The Landlord is required to establish its claim to the civil law standard of proof, on the balance of probabilities.

It is more likely that the drain was not properly unblocked during the initial visit, leading to the necessity for a second intervention.

In light of these conclusions, the Landlord's claim against the Tenant for the cost of the plumber’s second visit to unblock the shower drain is hereby dismissed.

Tenancy Tribunal case 4646770 — Leaks at 74 Avenue Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4646770 — Leaks at 74 Avenue Road, Otahuhu, Auckland 1062

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