damage claims
📖 What is damage claims? Meaning and definition
In New Zealand tenancy law, damage claims are typically brought before the Tenancy Tribunal. These claims can cover a range of issues, such as repairs for damage to walls, vinyl, or garage doors, as well as costs for cleaning, rubbish removal, or replacing items like locks and keys. Landlords often make these claims at the end of a tenancy if the property is not left in the required condition, while tenants might seek reimbursement for costs like power if there was an overcharge.
For a landlord's damage claim to succeed, they must prove that the damage occurred during the tenancy and is more than fair wear and tear. If this is established, the tenant then needs to prove they did not carelessly or intentionally cause or permit the damage to avoid liability. The Tenancy Tribunal will assess the evidence provided by both parties, such as property condition reports, to determine responsibility and the amount of compensation.
Claims can also include other related costs like water rates, rent arrears, or even the reimbursement of the filing fee for the Tenancy Tribunal application. The Tribunal will calculate a total award based on the proven claims from both the landlord and the tenant, and then determine the net amount payable by one party to the other. For instance, a landlord's total award might be offset by a tenant's successful claim for a bond refund or power cost reimbursement.
📋 Requirements
- The damage must have occurred during the tenancy.
- The damage must be more than fair wear and tear.
- The landlord must prove the damage occurred and its extent.
- The tenant must prove they did not carelessly or intentionally cause or permit the damage to avoid liability.
📝 Procedure
- One party (landlord or tenant) files an application with the Tenancy Tribunal seeking compensation.
- Both parties attend a hearing to present their evidence and arguments.
- The Tribunal assesses the evidence, such as property condition reports, invoices, and testimonies.
- The Tribunal determines if the claims are proven and calculates the total award for each party.
- A net award is calculated, specifying the amount payable by one party to the other.
💡 Examples
- A landlord claims $817.15 for damage to walls and painting, and $428.00 for damage to vinyl, which the Tribunal includes in the total award.
- A tenant seeks a partial refund of power costs, which the Tribunal awards as $250.00.
- A landlord claims $1,000.00 for an insurance excess to repair damaged walls, doors, and replace carpets.
- A landlord's claim for damage to walls, doors, and a kitchen handle is dismissed because they cannot prove the damage was caused by that specific tenant.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What kind of damage can a landlord claim for?
Landlords can claim for various types of damage, including repairs to walls, vinyl, soffits, garage doors, and costs for carpet cleaning, general cleaning, rubbish removal, and replacing items like locks or keys, provided the damage is beyond fair wear and tear and occurred during the tenancy.
Can a tenant also make damage claims?
Yes, tenants can make claims, for example, seeking a refund of their bond or reimbursement for overpaid power costs, as seen in cases where a minor dwelling on the property has a check meter.
What does 'fair wear and tear' mean in the context of damage claims?
Fair wear and tear refers to the normal deterioration of a property over time from ordinary use. Landlords cannot claim for this, but they can claim for damage that is beyond this normal wear, such as holes in walls or significant stains on carpets.
What evidence do I need to support a damage claim?
To support a damage claim, you typically need evidence such as property condition reports (especially dated ones), photos or videos of the damage, invoices or quotes for repairs, and any communication with the other party regarding the damage. Without proof, claims may be dismissed.
What happens if I don't attend the Tenancy Tribunal hearing for a damage claim?
If you are the respondent and do not attend the hearing, the Tribunal may proceed with the hearing in your absence. This means the applicant's claims might be accepted without your input, as happened in a case where only the landlord attended and was awarded compensation.
Can filing fees be included in damage claims?
Yes, the Tenancy Tribunal can order the reimbursement of filing fees to the party who substantially succeeds with their claim, as seen in several cases where the successful party had their filing fee reimbursed.