compensation claims
📖 What is compensation claims? Meaning and definition
In New Zealand tenancy law, compensation claims are a way for landlords or tenants to seek financial redress for issues that arise during or after a tenancy. These claims typically cover costs like property damage, cleaning, unpaid rent, or other expenses directly linked to the tenancy agreement. For example, a landlord might make a claim for damage caused by a tenant, or for costs associated with methamphetamine contamination.
To succeed with a compensation claim, the applicant (the person making the claim) must provide sufficient evidence to prove their case. This evidence can include things like move-in and move-out inspection photos, methamphetamine test results, invoices for repairs or cleaning, and details of rent arrears. If enough evidence is not provided, or if the applicant does not attend the hearing, the claim may be dismissed.
The Tenancy Tribunal assesses the evidence presented by both parties. They determine if the person against whom the claim is made (the respondent) is liable for the compensation sought. The Tribunal will only allow claims that are adequately proven, meaning they will not award compensation for items where the existence or necessity has not been established, such as additional door stops not shown in initial inspection photos. If a party substantially succeeds with their claim, they may also be reimbursed for their filing fee.
📋 Requirements
- Sufficient evidence to support the claim, such as photos, test results, or invoices.
- Proof that the damage or loss occurred during the tenancy.
- Attendance at the Tenancy Tribunal hearing or proper notification if unable to attend.
- The claimed costs must be directly related to the tenancy and proven to be necessary.
📝 Procedure
- An application for compensation is filed with the Tenancy Tribunal.
- The applicant provides evidence to support their claim, such as inspection photos and invoices.
- A hearing is scheduled where both the landlord and tenant can present their case.
- The Tenancy Tribunal reviews the evidence and arguments from both parties.
- The Tribunal issues an order, which may include payment of compensation and reimbursement of filing fees.
💡 Examples
- A landlord successfully claimed $4,992.88 from a tenant for damages and cleaning costs, including methamphetamine contamination, supported by move-in and move-out photos and test results.
- A landlord's claim for compensation for damages was dismissed because they failed to file further evidence after an initial hearing.
- A tenant was ordered to pay a landlord $6,905.71, which included rent arrears, cleaning costs, garden work, lock replacement, window repairs, and rubbish removal.
- A claim for installing five door stops was not allowed because the landlord could only prove one existed at the start of the tenancy.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What kind of evidence do I need for a compensation claim?
You need strong evidence like move-in and move-out inspection photos, receipts or invoices for repairs and cleaning, methamphetamine test results if applicable, and any other documents that prove the damage or loss occurred during the tenancy and its cost.
What happens if I don't provide enough evidence?
If you don't provide enough evidence to support your claim, or if the evidence doesn't clearly prove your case, the Tenancy Tribunal may dismiss your application for compensation.
Can I claim for things that weren't there at the start of the tenancy?
The Tenancy Tribunal will only allow claims for items that you can prove existed or were necessary. For example, if you claim for multiple door stops but only one was shown in the initial inspection photos, the claim for the others may be dismissed.
What if the other party doesn't show up to the hearing?
If a party does not attend the hearing, the Tribunal may still proceed with the case based on the evidence available, or it may dismiss the application, depending on the circumstances.
Can I get my filing fee back if I win my claim?
Yes, if you substantially succeed with your compensation claim, the Tenancy Tribunal may order the other party to reimburse you for your filing fee.
Are there specific sections of the law that apply to compensation claims?
The Residential Tenancies Act 1986 contains provisions that govern tenancy matters, including sections related to Tribunal hearings and orders, such as sections 78(1)(i) and 92(1) mentioned in one of the cases.