landlord's claim
📖 What is landlord's claim? Meaning and definition
In New Zealand tenancy law, a landlord's claim is the formal process initiated by a landlord to recover losses or enforce tenancy agreement terms through the Tenancy Tribunal. These claims typically arise when a landlord believes a tenant has breached their obligations, such as failing to pay rent, causing damage beyond normal wear and tear, or ending a tenancy prematurely, leading to financial losses for the landlord.
The Tenancy Tribunal hears these claims and makes orders, which can include directing the tenant to pay a specific sum of money to the landlord. The amount claimed can cover various items, including rent arrears, expenses incurred due to early termination, costs for repairing damage, and even the Tenancy Tribunal filing fee.
When damage is involved, the tenant's liability can be limited depending on whether the damage was caused carelessly and if it's covered by the landlord's insurance. For instance, if careless damage is covered by insurance, the tenant's liability might be capped at the lesser of the insurance excess or four weeks' rent. If not insured, the liability for careless damage is limited to four weeks' rent. The landlord must specify the damage claimed and the amount sought.
Ultimately, a successful landlord's claim results in an order for the tenant to pay the landlord the awarded amount. This payment can sometimes be offset by the bond held for the tenancy, with the remaining balance becoming immediately payable by the tenant.
📋 Requirements
- The landlord must identify the specific damage or financial loss caused during the tenancy.
- The landlord must specify the amount of compensation sought for each item of the claim.
- For damage claims, the landlord needs to show the damage was caused by the tenant carelessly or intentionally, or by people at the premises with their permission.
- The landlord must apply to the Tenancy Tribunal for an order.
📝 Procedure
- The landlord files an application with the Tenancy Tribunal.
- The Tenancy Tribunal schedules a hearing, which may be attended in person or by video conference.
- The landlord presents their case, detailing the damage, rent arrears, or other costs.
- The tenant has an opportunity to respond to the landlord's claims.
- The Tenancy Tribunal member considers the evidence and makes an order, which may include payment from the tenant to the landlord or the release of bond money.
💡 Examples
- A landlord claims $2,504.00 from a tenant for rent arrears up to a specific date, after accounting for the bond held.
- A landlord seeks $250, being the insurance excess, for carpet scorched by a hot pan, alleging the tenant caused the damage carelessly.
- A landlord claims $3,060.57 from a tenant for rent loss due to early termination and associated expenses, including the Tenancy Tribunal filing fee.
- A landlord applies for an order that the bond be paid to them to cover outstanding rent and other costs.
❓ Frequently asked questions
What kind of damages can a landlord claim for?
Landlords can claim for various types of damage, including physical damage to the property like scorched carpets, as long as it's beyond normal wear and tear and caused carelessly or intentionally by the tenant or their guests.
Is there a limit to how much a tenant has to pay for careless damage?
Yes, for careless damage, a tenant's liability is often limited. If the damage is covered by the landlord's insurance, the tenant's liability is capped at the lesser of the insurance excess or four weeks' rent. If not insured, it's limited to four weeks' rent.
Can a landlord claim for unpaid rent?
Absolutely. Unpaid rent, also known as rent arrears, is a common reason for a landlord to make a claim to the Tenancy Tribunal, seeking an order for the tenant to pay the outstanding amount.
What happens if the landlord's insurance doesn't cover the damage?
If careless damage is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). If insurance money is irrecoverable due to the tenant's conduct, the property is treated as if it's not insured against that damage.
Can a landlord claim for costs related to a tenant ending the tenancy early?
Yes, landlords can claim for financial losses and expenses incurred due to a tenant ending the tenancy early, such as rent loss for the period the property was vacant and other associated costs.
Does the Tenancy Tribunal filing fee get included in the landlord's claim?
Yes, the Tenancy Tribunal filing fee is often included in the landlord's claim, and if successful, the tenant may be ordered to reimburse the landlord for this cost.