What was the outcome of Tenancy Tribunal case 4992488?

The tribunal order states: The Bond Centre is to pay the bond of $2,340.00 (6144570-003) immediately

How much money was awarded in case 4992488?

Filing Fee: $27.00 awarded to landlord; Flooring: $575.00 awarded to landlord

What type of tenancy dispute was case 4992488?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4992488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312928-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4992488?

The tribunal order states: The Bond Centre is to pay the bond of $2,340.00 (6144570-003) immediately

How much money was awarded in case 4992488?

Filing Fee: $27.00 awarded to landlord; Flooring: $575.00 awarded to landlord

What type of tenancy dispute was case 4992488?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4992488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312928-Tenancy_Tribunal_Order.pdf.

3 Sedge Grove, Nukuhau, Taupo 3330 Tenancy Tribunal Case 4992488 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 4992488. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Flooring	$575.00		Repairs: Flooring
Filing fee reimbursement	$27.00		Filing fee reimbursement

Both parties attended the hearing by telephone.

The landlord applied for costs relating to floor damage and garage door damage. The landlord has made a claim for insurance which was accepted and therefore two amounts for insurance excess of $1,150.00 is sought.

There is damage to the flooring in the kitchen. The landlord said that the flooring is not able to be patch repaired and instead all the flooring throughout the kitchen, dining and entrance needs to be replaced.

The tenant says that the damage to the flooring was caused when they went away and mistakenly turned off their fridge. This meant that there was a leak, and the water damaged the floorboards.

The insurance company stated that this damage was gradual damage, and the claim was not accepted. The insurance company did accept other damage caused by the fridge scrapping off the laminate coating.

Both parties supplied photographs of the flooring. It is not clear from the photographs that the damage was caused by the fridge scrapping the laminate coating. Rather it looks like water damage along the edge of one of the floorboards.

The landlord provided some pre tenancy photographs but the area damaged was not visible in the photographs. I also note that there was an email from the property management company stating that the previous tenant had left the premises “lovely and tidy”.

On the evidence I am satisfied that the tenant should be responsible for some of the cost involved in repairing the flooring. I have awarded the landlord half of the insurance excess for the flooring.

The landlord claims in relation to damage to the garage door. The garage door is comprised of cedar boards.

The landlord said that the panels have loosened on the inside and were repaired with glue.

The tenant said that they had always noticed gaps in the cedar tongue and groove. The tenant denies attempting to repair the boards with glue.

It seems from the photographs that some repairs have been carried out to the boards with glue. It may have been the previous tenants who occupied the premises from 2016 until 2019. The boards have split along the edges.

It is not clear from the evidence that these tenants have caused damage to the garage door. It may be that the garage door has deteriorated over time from use. I note that the insurance company said that the damage is consistent with a sudden accidental event. I do not necessarily agree with the insurance company. Also, this does not consider that someone carried out repairs to the door at some stage.

On the evidence I am unable to accept the landlord’s claim in relation to the garage door and that part of the claim is dismissed.

Because Patrick John Hibbs has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4992488. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Flooring	$575.00		Repairs: Flooring
Filing fee reimbursement	$27.00		Filing fee reimbursement

Both parties attended the hearing by telephone.

The tenant says that the damage to the flooring was caused when they went away and mistakenly turned off their fridge. This meant that there was a leak, and the water damaged the floorboards.

The landlord claims in relation to damage to the garage door. The garage door is comprised of cedar boards.

The landlord said that the panels have loosened on the inside and were repaired with glue.

The tenant said that they had always noticed gaps in the cedar tongue and groove. The tenant denies attempting to repair the boards with glue.

On the evidence I am unable to accept the landlord’s claim in relation to the garage door and that part of the claim is dismissed.

Because Patrick John Hibbs has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4992488 — Property damage at 3 Sedge Grove, Nukuhau, Taupo 3330

At a glance

Tenancy Tribunal case 4992488 — Property damage at 3 Sedge Grove, Nukuhau, Taupo 3330

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

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Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions