maintenance
📖 What is maintenance? Meaning and definition
In New Zealand tenancies, 'maintenance' refers to the responsibility for keeping a rental property in good order. This can involve various aspects of the property, from internal and external structures like stairs to appliances such as dishwashers. The Tenancy Tribunal often deals with disputes where a landlord has failed to maintain parts of the property, leading to compensation being awarded to the tenant.
Conversely, tenants also have responsibilities related to the property's condition. While landlords are generally responsible for major maintenance, tenants are typically expected to maintain the property in a clean and tidy state, including tasks like lawn and garden work, carpet cleaning, and replacing light bulbs. Failure by a tenant to meet these expectations can result in orders to pay for cleaning, repairs, or other related costs.
Disputes over maintenance can sometimes involve external parties, such as local councils, especially when issues like external flooding are present. It's not always clear whether a specific problem falls under the landlord's maintenance obligations or is the responsibility of another entity. The Tenancy Tribunal assesses these situations to determine the appropriate party responsible for rectifying the issue and any associated costs.
Recent landlord activity in relation to maintenance indicates that landlords are expected to address issues promptly. If a landlord fails to maintain a property, the tenant may seek recourse through the Tenancy Tribunal, potentially leading to compensation for the tenant.
📋 Requirements
- Landlords must maintain internal and outdoor stairs.
- Landlords must maintain appliances like dishwashers.
- Tenants are expected to maintain the property's cleanliness, including lawns and gardens.
- Tenants are responsible for replacing items like light bulbs.
- Maintenance issues may involve external parties like local councils for problems such as external flooding.
📝 Procedure
- A tenant identifies a maintenance issue with the rental property.
- The tenant may engage in dialogue with the landlord or an agent regarding the issue.
- If unresolved, the tenant may apply to the Tenancy Tribunal for recourse.
- The Tenancy Tribunal assesses the claim, considering evidence of failure to maintain.
- The Tribunal may order compensation to the tenant for the landlord's failure to maintain.
- Alternatively, the Tribunal may order the tenant to pay for damages or cleaning if they failed in their maintenance responsibilities.
💡 Examples
- A tenant was awarded $450.00 in compensation because the landlord failed to maintain the internal and outdoor stairs, and the dishwasher.
- A landlord sought payment from a tenant for costs related to lawns and garden work, carpet cleaning, and replacing light bulbs, which are considered tenant maintenance responsibilities.
- A tenant raised concerns about external flooding and other maintenance issues, leading to landlord activity and dialogue with the local city council to determine responsibility.
- The Tenancy Tribunal might recall and amend an order if new information or a review of the initial decision regarding maintenance is required.
❓ Frequently asked questions
What does 'failure to maintain' mean for a landlord?
For a landlord, 'failure to maintain' means not keeping the rental property, including its structures like stairs or appliances like dishwashers, in a suitable condition. This can lead to the Tenancy Tribunal ordering them to pay compensation to the tenant.
Can a tenant be responsible for maintenance costs?
Yes, tenants can be responsible for certain maintenance costs, such as those related to keeping the property clean, maintaining lawns and gardens, or replacing minor items like light bulbs. If they fail to do so, they may be ordered to pay for these services or replacements.
What if a maintenance issue involves an external party like the council?
If a maintenance issue, such as external flooding, involves an external party like a local council, there might be a dispute over whether it's the landlord's or the council's problem to resolve. The Tenancy Tribunal may need to clarify this demarcation.
How does the Tenancy Tribunal handle claims for failure to maintain?
The Tenancy Tribunal will hear the application, review evidence, and determine if there was a failure to maintain by either party. Based on its findings, the Tribunal can issue orders, such as requiring a landlord to pay compensation or a tenant to cover costs for damages.
What kind of compensation can a tenant receive for a landlord's failure to maintain?
Compensation can vary depending on the specific issue and its impact. For example, a tenant was awarded $300 for failure to maintain internal stairs, $200 for outdoor stairs, and $100 for a dishwasher, totalling $600 for these specific maintenance failures.