property damages
📖 What is property damages? Meaning and definition
In New Zealand tenancy law, property damages are costs sought by a landlord when a tenant has not met their obligations to care for the property. This often arises at the end of a tenancy if the premises are not left reasonably clean and tidy, or if rubbish has not been removed. The Residential Tenancies Act 1986 outlines a tenant's responsibilities regarding the condition of the property.
Landlords must provide evidence of the damage and the costs incurred to remedy it, such as invoices for rubbish removal or cleaning services. However, the amount claimed must be reasonable and proven; for instance, a claim for cleaning might be reduced if photos don't show extensive cleaning was required beyond what was proven.
If the damage is caused carelessly and is not covered by the landlord's insurance, the tenant's liability is generally limited to four weeks' rent or market rent. However, if insurance money cannot be recovered due to the tenant's actions, the property is treated as if it were uninsured for that damage. This can apply to damage caused by pets, especially if the pet was not consented to or caused damage beyond what was agreed.
Landlords also have a duty to mitigate their losses once a tenancy breach occurs. This means they must take reasonable steps, such as ending the tenancy or re-letting the property promptly, to prevent further damages or rent arrears from accumulating. Failing to act quickly can reduce the amount of damages or arrears a landlord can recover.
📋 Requirements
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish from the property.
- Damage was caused to the property or chattels provided for the tenant's benefit.
- The landlord provides evidence of the damage and the costs incurred to remedy it (e.g., photos, invoices).
- The landlord has taken reasonable steps to mitigate their losses.
📝 Procedure
- Landlord discovers damage or breaches of cleanliness/rubbish removal obligations at the end of the tenancy.
- Landlord gathers evidence, such as photographs of the damage and rubbish.
- Landlord obtains invoices for rubbish removal, cleaning, or repairs.
- Landlord may issue a 14-day breach notice if the tenancy is ongoing.
- Landlord applies to the Tenancy Tribunal for compensation for the proven damages.
💡 Examples
- A tenant was ordered to pay $2,760 for rubbish removal after leaving large amounts of beds, couches, and miscellaneous items inside and outside the property.
- A landlord's claim for cleaning was reduced from $402.50 to $200 because photos did not show extensive cleaning was required beyond clearing surfaces where belongings were left.
- A tenant was liable for damage caused by a large dog kept without consent, including stains and odours from dog faeces and urine on carpets and chewing on walls and furniture.
- A landlord's recoverable rent arrears were reduced by one-third because they failed to act promptly to mitigate losses after a tenant's breach.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What kind of damage can a landlord claim for?
A landlord can claim for damage that goes beyond normal wear and tear, such as significant rubbish left behind, premises not left reasonably clean and tidy, or specific damage like pet-related stains, odours, or chewing on property items.
Is there a limit to how much a tenant has to pay for property damages?
Yes, if the damage is careless and not covered by the landlord's insurance, a tenant's liability is generally limited to four weeks' rent (or market rent). However, if insurance money is irrecoverable due to the tenant's conduct, the property is treated as if it's not insured against that damage.
What evidence does a landlord need to claim property damages?
Landlords typically need to provide evidence such as photos showing the condition of the property before and after the tenancy, and invoices for the costs of rubbish removal, cleaning, or repairs to prove the extent of the damage and the expense incurred.
What does 'duty to mitigate losses' mean for a landlord?
The 'duty to mitigate losses' means landlords are legally required to take reasonable steps to reduce financial losses once a tenancy breach occurs. This could involve promptly ending the tenancy or re-letting the property to prevent further rent arrears or damages from accumulating.
Can a landlord claim for damage caused by a pet?
Yes, a landlord can claim for damage caused by a pet, especially if the pet was kept without consent or caused damage beyond what was agreed. The tenant's liability for such damage may be subject to the same limits as other careless damage, unless the tenant's conduct prevents insurance recovery.
What if I disagree with the landlord's claim for damages?
If you disagree with a landlord's claim for damages, you should gather your own evidence, such as photos of the property when you left, and be prepared to present your case to the Tenancy Tribunal. It may be beneficial to seek advice from a qualified lawyer or tenancy advocate.