failure to maintain
📖 What is failure to maintain? Meaning and definition
In New Zealand tenancy law, 'failure to maintain' typically describes a breach of obligations by either a landlord or a tenant regarding the upkeep of a rental property. For landlords, this can involve not repairing issues like leaks, faulty appliances, or structural problems, which can lead to claims for compensation and even exemplary damages by the tenant. The standard of repair expected often considers the age and character of the premises.
Tenants also have obligations to maintain the premises. This includes leaving the property reasonably clean and tidy at the end of the tenancy, removing all rubbish, and returning all keys and security devices. Failure by a tenant to meet these standards can result in the landlord claiming compensation for necessary repairs or cleaning.
Claims related to failure to maintain are heard by the Tenancy Tribunal, where the party making the claim must prove their case on the balance of probabilities. This means they need to show that it is more likely than not that the other party failed to meet their maintenance obligations. Evidence such as photos, videos, and communication records can be crucial in these cases.
Remedies for a proven failure to maintain can include orders for compensation to cover repair costs, rent reductions for periods where the property was not adequately maintained, or even exemplary damages in cases where the breach is particularly serious or deliberate.
📋 Requirements
- A party (landlord or tenant) had an obligation to maintain the premises.
- The party failed to meet that obligation (e.g., not repairing a leak, not cleaning the property).
- The failure resulted in damage, disrepair, or a breach of the tenancy agreement.
- Evidence exists to prove the failure on the balance of probabilities.
📝 Procedure
- One party applies to the Tenancy Tribunal for compensation or exemplary damages.
- The other party may file a cross-application or defence.
- Both parties attend a hearing to present their claims and evidence.
- The Tribunal considers the evidence and makes a decision based on the balance of probabilities.
💡 Examples
- A landlord's failure to repair a leaking shower door resulted in the tenant being awarded compensation and exemplary damages.
- A tenant's failure to remove rubbish and leave the premises reasonably clean and tidy at the end of the tenancy led to the landlord claiming compensation for rubbish removal.
- Flooding issues in an outdoor room that the landlord did not immediately address were cited by tenants as an example of the landlord's failure to maintain.
- A landlord's prompt repair of a leaky roof and provision of a rent reduction meant the tenant's claim of failure to maintain was not upheld for that specific issue.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'failure to maintain' mean for a landlord?
For a landlord, it means not keeping the rental property in a reasonable state of repair, considering its age and character. This could involve not fixing leaks, structural issues, or essential amenities like hot water or heating.
What are a tenant's responsibilities regarding maintenance?
A tenant must keep the premises reasonably clean and tidy, remove all rubbish at the end of the tenancy, and return all keys and security devices. They are also generally responsible for not damaging the property beyond fair wear and tear.
Can I claim compensation if my landlord fails to maintain the property?
Yes, if your landlord fails to maintain the property as required, you can apply to the Tenancy Tribunal for compensation. In some cases, you might also be awarded exemplary damages if the breach is serious.
What kind of evidence do I need to prove a 'failure to maintain' claim?
You should gather evidence such as photos, videos, copies of communications with your landlord or tenant about the issue, and any repair quotes or receipts. This helps prove your claim on the balance of probabilities.
How quickly must a landlord address repair requests?
The Residential Tenancies Act 1986 requires landlords to maintain the premises in a reasonable state of repair. While there isn't a strict timeframe for all repairs, urgent issues should be addressed promptly. Delays can be considered a failure to maintain.
What happens if a tenant fails to maintain the property?
If a tenant fails to meet their maintenance obligations, such as leaving the property dirty or damaged, the landlord can apply to the Tenancy Tribunal for compensation to cover cleaning or repair costs.