Cou­ple or­dered to pay €5,005 in dam­ages af­ter caus­ing se­ri­ous dam­age to a Balzan prop­erty

Malta Independent - - NEWS -

Ian Moy and Jac­que­line Forester were or­dered to pay Lawrence and Man­wela Fenech a sum of €5,005 over dam­ages that the for­mer caused to the lat­ter’s prop­erty while rent­ing out the home for a pe­riod of one year and six months.

Mr and Mrs Fenech had sued Mr Moy and Ms Forester over dam­ages caused to their prop­erty in Balzan. This in­cluded dam­aged chairs, a ru­ined sofa thanks to the de­fen­dant’s dog, the paving of a gar­den with­out proper per­mis­sion, an um­brella, a din­ing room and a TV satel­lite sys­tem.

The de­fen­dants ob­jected to most of the dam­age claims, such as the sofa. They claimed that they of­fered to re­place it with a sofa wort €750, but that the plain­tiffs wanted a sofa worth €1,290. Mag­is­trate Gabriella Vella main­tained that there was no proof that they had of­fered to re­place the sofa.

The de­fen­dants ob­jected to the claim that they dam­aged the gar­den by paving the whole of it. They said that they got the Fenech’s per­mis­sion and that some of the paving was even sup­plied by Mr Fenech. The plain­tiffs re­futed this claim, and the plain­tiff’s lawyer ques­tioned whether it had popped into their head whether to have the paving re­moved once they va­cated the premises.

Re­gard­ing the TV satel­lite sys­tem, the de­fen­dants also ob­jected to this say­ing that they ac­tu­ally had in­stalled their own sys­tem. The mag­is­trate noted that ac­cord­ing to the rental agree­ment, the de­fen­dants could not in­stall their own sys­tem with­out the writ­ten con­sent of the plain­tiffs.

The plain­tiffs had com­plained that apart from dam­age to mov­able prop­erty, there was also mov­able prop­erty miss­ing in their en­tirety.

The de­fen­dants also ob­jected to a claim that they caused dam­age to a king sized bed, say­ing that it had ac­tu­ally col­lapsed on its own, through no fault of their own. They also claimed that the bed was only used five times in the two years they were at the res­i­dence. Mr Moy and Ms Forester had two dif­fer­ent ver­sions as to why the bed col­lapsed, re­sult­ing in Mag­is­trate Vella sid­ing with the plain­tiffs af­ter the de­fen­dants failed to cor­rob­o­rate their claims.

A num­ber of other items were also dis­cussed, with Mag­is­trate Vella ac­cept­ing the plain­tiff’s claims more of­ten than not, due to the de­fen­dants’ fail­ure to back up their ar­gu­ments. For these rea­sons, Mag­is­trate Vella or­dered Mr Ian Moy and Ms Jac­que­line Forester to pay the plain­tiffs a to­tal of €5,005 in dam­ages.

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