What was the outcome of Tenancy Tribunal case 4909893?

The tribunal order states: Sarah Miller must pay Andy Parkins $144.34 immediately, being final

How much money was awarded in case 4909893?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4909893?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4909893?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11691655-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4909893?

The tribunal order states: Sarah Miller must pay Andy Parkins $144.34 immediately, being final

How much money was awarded in case 4909893?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4909893?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4909893?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11691655-Tribunal_Order.pdf.

813 Riverslea Road South, Akina, Hastings 4122 Tenancy Tribunal Case 4909893 — Property damage

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Reasons

Both parties attended the hearing, conducted via video-conference. This was a limited rehearing after a rehearing was ordered on 23 October 2024, after a tenant rehearing application and hearing with the first adjudicator.

The 24 September 2024 order made a number of orders. Two compensation orders in favour of the landlord were of possible relevance to this rehearing: a. Bathroom floor repair $4,446.46. b. Shower replacement (insurance excess) $500.00.

Section 105(5) Residential Tenancies Act 1986 (“RTA”) states the Tribunal may grant an application for a rehearing under that section on such terms as it thinks fit.

A hearing to consider the rehearing application was held by teleconference and both parties attended. The subsequent order of 23 October 2024, granting the limited rehearing provided, at [2]:

The rehearing will be held by videoconference and is limited to a rehearing of the landlord’s claim for compensation for damage to the bathroom floor.

At this hearing, the landlord withdrew his claim for $4,446.46 for bathroom floor damage. He accepted there was prior water damage.

The tenant believed the shower replacement compensation ordered (being the $500.00 excess) should also be reheard. This outcome was not clearly stated in the order.

I explained the constraints of a limited rehearing and advised my impression was that the rehearing term was to consider the bathroom floor damage only. I invited the tenant to make a submission regarding this and to highlight, if possible, where the intention of including the shower replacement excess cost in any rehearing was expressed in the adjudicator’s order of 23 October 2024. A copy of that order was shared via the conferencing facility so that everyone could see the exact wording.

Having heard from both parties regarding this, I consider the intention of the limited rehearing order was to rehear the bathroom floor damage only. I do not consider the shower replacement cost was intended to be reheard.

Given the landlord has withdrawn the compensation claim of $4446.46 for the bathroom floor damage, this monetary order effectively reduces the monetary order from $4,590.80 as ordered on 24 September 2024 to $144.34.

Reasons

Section 105(5) Residential Tenancies Act 1986 (“RTA”) states the Tribunal may grant an application for a rehearing under that section on such terms as it thinks fit.

A hearing to consider the rehearing application was held by teleconference and both parties attended. The subsequent order of 23 October 2024, granting the limited rehearing provided, at [2]:

The rehearing will be held by videoconference and is limited to a rehearing of the landlord’s claim for compensation for damage to the bathroom floor.

At this hearing, the landlord withdrew his claim for $4,446.46 for bathroom floor damage. He accepted there was prior water damage.

The tenant believed the shower replacement compensation ordered (being the $500.00 excess) should also be reheard. This outcome was not clearly stated in the order.

Tenancy Tribunal case 4909893 — Property damage at 813 Riverslea Road South, Akina, Hastings 4122

At a glance

Tenancy Tribunal case 4909893 — Property damage at 813 Riverslea Road South, Akina, Hastings 4122

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions