compensation for damages
📖 What is compensation for damages? Meaning and definition
In New Zealand tenancy law, compensation for damages is a financial payment awarded by the Tenancy Tribunal to a landlord or tenant to address harm or loss that has occurred. This can include various claims, such as unpaid rent (arrears), costs for cleaning, repairs for damage to the property, or other outgoings incurred due to a breach of tenancy obligations. The party making the claim, typically the landlord, must prove their case to the Tribunal.
The process involves the claimant establishing their claims "on the balance of probabilities," meaning they must show that what they are claiming is more likely than not to have happened. This is known as the "burden of proof." To meet this standard, applicants often provide evidence such as independent witnesses, corroborating documents like invoices or receipts, and photographs to support their claims for compensation.
Compensation for damages is frequently sought at the conclusion of a tenancy, alongside other claims like the refund of a bond or reimbursement of filing fees. The Tribunal will assess the evidence presented and determine a reasonable amount to be awarded. In some cases, if both parties agree, the amounts claimed can be ordered by consent, simplifying the resolution process.
📋 Requirements
- The party bringing the application must establish their claims "on the balance of probabilities".
- Evidence such as independent witnesses, corroborating documents, and photographs are important for proving the claim.
- The claims must be considered reasonable in the circumstances by the Tribunal.
- For tenants, obligations include leaving premises reasonably clean and tidy, removing all rubbish, and returning all keys.
📝 Procedure
- A landlord or tenant applies to the Tenancy Tribunal for compensation.
- The Tribunal serves notice of the hearing to the other party.
- Both parties attend the hearing, or the hearing may proceed in the absence of a party if they were served notice.
- The applicant presents evidence to establish their claims, such as rent records, cleaning invoices, or photos.
- The Tribunal assesses the evidence and determines if the claims are proven and reasonable.
- The Tribunal issues an order for the payment of compensation, if applicable.
💡 Examples
- A tenant was ordered to pay $389.25 for damage to a wall and cleaning curtains, plus $454.25 for general cleaning and lawns, as part of a total compensation award.
- A landlord applied for rent arrears and compensation after a tenancy ended, with the tenant consenting to the claims, leading to an order for payment.
- Compensation was awarded for a modest claim for a few areas that were missed in cleaning, and for the disposal of belongings left behind by the tenant.
- A tenant was ordered to pay $5,411.61 for damages and rent arrears after failing to attend the Tribunal hearing.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What kind of damages can I claim compensation for?
You can claim compensation for various losses, such as unpaid rent, costs for cleaning, repairs for damage to the property, or expenses for disposing of items left behind by a tenant, as long as these claims are proven and reasonable.
How do I prove my claim for compensation?
You need to provide evidence to the Tenancy Tribunal that shows your claim is more likely than not to be true. This can include independent witnesses, documents like invoices or receipts, and photographs of the damage or condition of the property.
What if the other party doesn't show up to the hearing?
If the other party was properly served notice of the hearing but does not attend, the Tribunal may proceed with the hearing in their absence and make a decision based on the evidence presented by the attending party.
Can I get compensation for items a tenant left behind?
Yes, if a tenant leaves belongings behind that you have to dispose of, you may be able to claim compensation for the costs associated with their removal and disposal.
What does 'on the balance of probabilities' mean?
This is the standard of proof in civil cases, including the Tenancy Tribunal. It means you must show that your claim is more likely than not to be true, rather than proving it beyond all reasonable doubt.