SearchDamage liability claims
Mark asks:
(updated on Wednesday, October 04th 2017)
We have two separate claims currently with insurance companies. They involve a situation where the tenants got in a house sitter while they were away and the house sitter damaged the house. There is $700 excess for a small fire and $650 excess for a new garage door. But both parties are currently avoiding paying us the excess.
Our question is what can we do in the meantime? Recent Tenancy Tribunal decisions show tenants walking away with the bond in their pockets. How do we tie up the bond until the appeal result is out? If we can't hold the bond up, can we take the house sitter to the Disputes Tribunal?
Our Experts Answer:
Unfortunately, there are no further avenues available for appeal on the Holler vs Osaki matter and the decision now stands. You are right that the Tenancy Tribunal is now likely to follow this precedent when considering claims under the Property Law Act and not hold tenants liable for the two situations you describe. I would expect that referring this matter to the Disputes Tribunal will not make any difference as they will deem this matter should fall under the jurisdiction of the Tenancy Tribunal.
Most Read
| Unity First Home Buyer special | 3.99 |
| SBS FirstHome Combo | 3.99 |
| TSB Special | 4.39 |
| Co-operative Bank - First Home Special | 4.39 |
| ICBC | 4.39 |
| SBS Bank Special | 4.49 |
| Unity Special | 4.49 |
| ANZ Special | 4.49 |
| Westpac Special | 4.49 |
| Kiwibank Special | 4.49 |
| Co-operative Bank - Owner Occ | 4.49 |
| ICBC | 4.59 |
| ANZ Special | 4.69 |
| TSB Special | 4.69 |
| BNZ - Std | 4.69 |
| Wairarapa Building Society | 4.79 |
| Nelson Building Society | 4.87 |
| Westpac Special | 4.89 |
| Co-operative Bank - Owner Occ | 4.89 |
| Kiwibank Special | 4.89 |
| SBS Bank Special | 4.89 |
| Unity Special | 4.89 |
| ICBC | 5.19 |
| Westpac Special | 5.29 |
| TSB Special | 5.29 |
| BNZ - Std | 5.29 |
| SBS Bank Special | 5.69 |
| Co-operative Bank - Owner Occ | 5.69 |
| Kainga Ora | 5.69 |
| ASB Bank | 5.69 |
| AIA - Go Home Loans | 5.69 |
| Kiwibank Special | 5.79 |
| Westpac | 5.89 |
| SBS FirstHome Combo | 3.29 |
| AIA - Back My Build | 3.34 |
| SBS Construction lending for FHB | 3.74 |
| CFML 321 Loans | 3.95 |
| Co-operative Bank - Owner Occ | 4.99 |
| Co-operative Bank - Standard | 4.99 |
| Heartland Bank - Online | 5.30 |
| ICBC | 5.39 |
| Kiwibank - Offset | 5.65 |
| Kiwibank | 5.75 |
| Unity Standard | 5.79 |
