damages to premises
📖 What is damages to premises? Meaning and definition
In New Zealand tenancy law, 'damages to premises' concerns the landlord's claim for compensation when a rental property is harmed during a tenancy. This typically arises at the end of a tenancy, or when a landlord applies to the Tenancy Tribunal for compensation. The landlord must demonstrate that the damage occurred while the tenant was responsible for the property and that it is more significant than 'fair wear and tear'.
If the landlord successfully proves the damage, the burden then shifts to the tenant. To avoid liability, the tenant must show that they did not carelessly or intentionally cause or allow the damage. Tenants are also held responsible for any damage caused by people they allowed onto the premises. This means that even if the tenant didn't directly cause the damage, they could still be liable if a guest did.
Specific rules apply depending on when the damage occurred. For careless damage that happened after 27 August 2019, section 49B of the Residential Tenancies Act 1986 is relevant. If the landlord only becomes aware of the damage after this date, it's presumed to have occurred after then, unless the tenant can prove otherwise. If careless damage is covered by the landlord's insurance, the tenant's financial responsibility is limited to the lesser of the insurance excess or four weeks' rent.
Examples of damages can include broken windows, issues with locks, fences, or roller doors, and other repairs needed beyond routine cleaning or maintenance like replacing light bulbs or smoke alarm batteries, which are generally the tenant's responsibility.
📋 Requirements
- The landlord must prove that damage to the premises occurred during the tenancy.
- The damage must be more than fair wear and tear.
- If established, the tenant must prove they did not carelessly or intentionally cause or permit the damage to avoid liability.
- Tenants are liable for damages caused by people at the premises with their permission.
📝 Procedure
- The landlord files an application for compensation for damages to the premises.
- The landlord provides evidence, such as rent records and invoices for repairs, to prove the damage and the amount owing.
- The Tenancy Tribunal assesses whether the damage occurred during the tenancy and is more than fair wear and tear.
- If the landlord's claim is established, the tenant may present evidence to show they were not responsible for the damage.
- The Tenancy Tribunal issues an order for payment if the tenant is found liable for the damages.
💡 Examples
- A tenant was ordered to pay compensation for broken windows that occurred during their tenancy, as the damage was beyond fair wear and tear.
- A landlord sought compensation for repairs to locks, a fence, a fence post, and a window, which were considered damages to the premises.
- Compensation was sought for a damaged roller door at a rented property, indicating a repair needed due to damage rather than normal use.
- A tenant was found liable for damages to the premises, including broken windows, after their tenancy was terminated due to rent arrears.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What is 'fair wear and tear'?
Fair wear and tear refers to the natural deterioration of a property over time from normal use. It is not considered damage, and tenants are not liable for it.
Am I responsible for damage caused by my guests?
Yes, tenants are generally responsible for any damage caused by people they allowed onto the premises, even if the tenant did not directly cause it.
What if the damage was accidental?
If the damage was caused carelessly after 27 August 2019 and is covered by the landlord's insurance, your liability might be limited to the lesser of the insurance excess or four weeks' rent.
How does a landlord prove damage?
A landlord typically proves damage with evidence such as photographs, entry and exit reports, invoices for repairs, and rent records to show when the damage occurred and the cost of fixing it.
What if I dispute the landlord's claim for damages?
You have the opportunity to present your side of the story and provide evidence to the Tenancy Tribunal, such as photos, communication with the landlord, or witness statements, to show you are not responsible or that the damage is fair wear and tear.
Does 'damages to premises' include cleaning costs?
While tenants must leave the premises reasonably clean and tidy, 'damages to premises' specifically refers to physical harm or destruction, not general cleaning costs, unless the lack of cleaning itself caused damage.