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