Disputes Tribunal of New Zealand

Contract / Tort / Flatting agreements / Two separate flatmate agreements between the applicant property owner and the respondents / Dispute over flood damage, furniture damage and rent arears / Applicant claimed $2,055.00 from Respondents for compensation and rent arears / Tenancy Tribunal had earlier determined that the Residential Tenancies Act 1986 did not apply in this claim / Whether any or all of the respondents breached their duty of care not to damage the property / If so, what foreseeable loss flowed from the breach / Question of when the tenancy ended and whether rent had been paid to that date / Held: respondents owed a duty of care not to damage the applicant’s property / evidence established some of the respondents were responsible for damage to the sofa / evidence relating to flood damage unclear / not satisfied the applicant has proven the claim on the balance of probabilities / rent claim not proven on the evidence / two of the respondents responsible for small amount o…