Published tribunal order
Tenancy Tribunal case 4706672 — Property damage at 172A Church Street, West End, Palmerston North 4412
Decided 22 Feb 2024 · Published 22 Feb 2024 · Application 4706672
Landlord favoured
- Property damage
Order
- Mathew Robert Heath must pay Unique Realty Limited As Agent For Gateways Christian Fellowship $2,867.58 immediately, calculated as shown in table below.
Reasons
- On 18 January 2024 I made orders for rent arrears, refund of bond and filing fee.
- The landlord’s applications for cleaning, rubbish removal and damage to the property were adjourned until the insurance proceeds had been finalised and to enable any cleaning or rubbish removal to have taken place.
- The landlord’s application for compensation for cleaning and rubbish removal has now been withdrawn, but they may bring a claim in the future.
- The insurers have covered the damage caused by removal of two water cylinders from the flat and the adjoining one. The damage is considerable because of the plumbing required. As noted in the previous order dated 18 January, the landlord provided a video showing the tenant removing the hot water cylinder from the flat and I am satisfied that he is responsible for the damage. The landlord is seeking reimbursement of the insurance excess and provided a certificate of insurance showing that the excess is $2,500.
- The landlord is also seeking compensation for the removal of the cylinder from the adjoining flat and I indicated at the hearing that a second $2,500 would be ordered for that. However, on reflection, I realise that because the tenant was not a tenant of the second flat, I have no jurisdiction to make that order. Unfortunately, the landlord will need to pursue that through alternative channels, such as the Police and/or the Disputes Tribunal. Accordingly this order is for $2,500 only.