damages claim
📖 What is damages claim? Meaning and definition
In New Zealand tenancy law, a damages claim is typically brought before the Tenancy Tribunal by a landlord seeking compensation from a tenant for various issues. These can include physical damage to the property beyond normal wear and tear, unpaid rent (rent arrears), cleaning costs, rubbish removal, or specific repairs like re-glazing windows or fixing door frames. The landlord must provide evidence to support their claim, showing that the damage occurred during the tenancy and was not simply fair wear and tear.
For a damages claim to be successful, the landlord needs to prove their case, often through evidence like repair invoices, photographs, and property inspection reports. The Tenancy Tribunal assesses the evidence to determine if the tenant is liable for the claimed amounts. For example, if a landlord claims for broken windows, they would need to show the windows were not broken at the start of the tenancy and provide an invoice for the repair work.
Tenants may also face claims for other costs such as rubbish removal, cleaning, or even specific tasks like removing Christmas lights or washing a driveway, if these were part of their responsibilities or resulted from their actions. The Tribunal calculates the total amount owed, which may include a filing fee reimbursement, and can offset any bond money held against the total award, resulting in a net amount payable by the tenant to the landlord.
📋 Requirements
- The damage or loss must have occurred during the period of the tenancy.
- The damage must be beyond fair wear and tear.
- The landlord must provide evidence to prove the damage or loss, such as photographs, invoices, or inspection reports.
- The claim must specify the costs associated with the damage or loss.
📝 Procedure
- The landlord files an application with the Tenancy Tribunal.
- Both parties attend a hearing to present their case.
- The Tenancy Tribunal reviews the evidence provided by both the landlord and the tenant.
- The Tribunal determines, on the balance of probabilities, if the tenant is liable for the claimed damages.
- An order is issued specifying the amount, if any, the tenant must pay to the landlord.
💡 Examples
- A landlord successfully claims for the cost of re-glazing three windows and a door pane after proving the damage occurred during the tenancy and was not present at the start.
- A tenant is ordered to pay for rubbish removal, curtain replacement, and general repairs after vacating a property, with the total award offset by the remaining bond.
- A landlord claims for rent arrears, patch repairs, cleaning, and removal of Christmas lights, providing a detailed table of costs to the Tenancy Tribunal.
- A tenant is found liable for repairing a damaged door frame and finishing internal doors, based on evidence presented by the landlord.
❓ Frequently asked questions
What kind of evidence do I need for a damages claim?
You typically need evidence like photographs (before and after the tenancy), repair invoices, and property inspection reports (entry and exit reports are crucial). The more detailed and clear your evidence, the stronger your claim.
What is 'fair wear and tear' and how does it affect a damages claim?
Fair wear and tear refers to the normal deterioration of a property over time from ordinary use. A landlord cannot claim for damage that is considered fair wear and tear; they must prove the damage goes beyond this normal aging process.
Can a landlord claim for cleaning costs?
Yes, a landlord can claim for cleaning costs if the property was left in a condition that required more than reasonable cleaning, beyond what would be considered fair wear and tear. This is often seen in Tenancy Tribunal cases.
What happens if I don't have an entry inspection report?
Without an entry inspection report, it can be much harder for a landlord to prove that damage occurred during the tenancy, as there's no clear record of the property's condition at the start. This can weaken a damages claim significantly.
Can a tenant make a damages claim against a landlord?
While the provided excerpts focus on landlord claims against tenants, tenants can also make claims against landlords for breaches of their obligations, which might include damages if the landlord's actions or inactions caused loss to the tenant.
How is the amount of damages calculated?
The Tenancy Tribunal calculates the amount based on the actual costs incurred for repairs, cleaning, or unpaid rent, supported by invoices and other evidence. Any bond held by the landlord may be deducted from the total amount awarded.