landlord claims
📖 What is landlord claims? Meaning and definition
Landlord claims are formal applications lodged with the Tenancy Tribunal by a landlord. These claims usually arise at or after the end of a tenancy and seek to recover costs from the tenant. Common reasons for such claims include unpaid rent (rent arrears), outstanding water rates, cleaning costs, and expenses for repairs due to damage to the property.
The landlord must provide evidence to support their claims. For example, to claim for cleaning, they need to show the property was not left in a condition that met the tenant's legal obligations. Similarly, for repairs, evidence of damage beyond normal wear and tear is required. The Tenancy Tribunal assesses this evidence to determine if the landlord has met the 'evidentiary threshold' to prove their claim.
If a landlord's claim is successful, the Tribunal may order the tenant to pay the awarded amount. This amount can sometimes be offset against the bond held for the tenancy. The process involves both parties attending a hearing where they present their cases and evidence to the Tribunal.
📋 Requirements
- The tenancy has ended or is ending.
- The landlord has incurred costs such as rent arrears, water rates, cleaning, or repairs.
- The landlord can provide evidence to prove the amount owed and that the tenant is responsible.
- The claim for costs like cleaning or repairs must exceed the tenant's legal obligations under the Act.
📝 Procedure
- The landlord files an application with the Tenancy Tribunal.
- Both the landlord and tenant attend a hearing.
- The landlord presents evidence to support their claims (e.g., rent records, invoices for cleaning/repairs).
- The Tenancy Tribunal assesses the evidence and determines if the claims are proven.
- An order is issued, potentially requiring the tenant to pay a net award to the landlord.
💡 Examples
- A landlord claimed $407.14 for rent arrears, $623.37 for water rates, and $280.00 for carpet cleaning after the tenancy ended on 1 October 2024.
- A landlord applied for rent arrears of $8900.00 and compensation, which the tenants did not dispute owing.
- A landlord's claim for $345.00 for professional carpet cleaning was justified due to pet odour, even without visible stains, because the tenants had pets.
- A claim for $761.50 for house cleaning was dismissed because the landlord did not provide enough evidence to show the property required that level of professional intervention.
❓ Frequently asked questions
What kinds of costs can a landlord claim for?
Landlords can claim for various costs such as unpaid rent (rent arrears), water rates, cleaning expenses, and repairs for damage to the property that goes beyond normal wear and tear.
Do I automatically have to pay for professional carpet cleaning if I had pets?
Not automatically. While having pets doesn't always require professional cleaning, if there's evidence of damage or residual odour, the Tenancy Tribunal may find it reasonable for the landlord to claim for professional carpet cleaning.
What evidence does a landlord need to prove their claims?
A landlord needs to provide sufficient evidence, such as rent records for arrears, invoices for cleaning or repairs, and proof that the property was not left in the required condition or that damage occurred.
What happens if the landlord's claims are not proven?
If the landlord does not meet the 'evidentiary threshold' to prove their claims, the Tenancy Tribunal may dismiss those claims, meaning the tenant would not be ordered to pay for them.
Can a landlord claim for things like a broken cabinet door or filter cap?
Yes, a landlord can make claims for damages like a broken cabinet door. However, they might decide not to pursue certain issues during the hearing, as seen in one case where claims for a cabinet door and filter cap were dropped.