News

Tribunal claim for missing vehicle thrown out

Wednesday 5th of May 2021

Stephen Chiman Bhana and Jasu Mati Bhana as trustees for The Ranolf Trust wanted the Tenancy Tribunal to order tenant Mystrii Karanata Mihaka-Adams to pay for the stolen car.

Bhana said the vehicle was parked on the tenancy premises and went missing during the tenancy so the tenant was responsible for it.

He reported the vehicle missing and believed stolen in October last year, but has not had any results from the police investigation, even though it is now more than six months ago.

The tenant did not turn up to the hearing.

While the Tenancy Tribunal has jurisdiction to determine disputes between landlords and tenants of residential premises, it says a vehicle is not tenancy premises, nor is it a chattel to be used in tenancy premises.

“Simply put there is no basis for the vehicle to form part of the tenancy agreement. So the Tribunal has no jurisdiction to determine the application,” said adjudicator R Lee.

He said a complaint to Police of alleged criminal activity is the correct forum in which to address the matter.

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