repair costs
📖 What is repair costs? Meaning and definition
In New Zealand tenancy law, repair costs refer to the money a landlord spends to fix damage to a rental property. A tenant can be held responsible for these costs if the damage is more than what is considered fair wear and tear. This means the damage must go beyond the usual deterioration that happens over time with normal use of a property.
To establish liability, the landlord generally needs to show that the damage exists and is beyond fair wear and tear. If this is proven, the tenant then has the opportunity to show they did not cause the damage carelessly or intentionally. Tenants are also responsible for damage caused by anyone they allow onto the premises.
However, landlords must also act reasonably to keep costs down. For example, if professional cleaning could resolve an issue at a lower cost than replacing an item, the landlord might not be able to recover the full replacement cost. The Tenancy Tribunal will assess the evidence, such as inspection reports and invoices, to determine if repair costs are justified and if the amount claimed is reasonable.
📋 Requirements
- Damage exists and is more than fair wear and tear.
- Tenant caused the damage carelessly or intentionally, or permitted it to occur.
- Tenant is liable for actions of people at the premises with their permission.
- Landlord must prove the damage and its cost.
- Landlord must mitigate costs where possible (e.g., cleaning instead of replacing).
📝 Procedure
- Landlord identifies damage beyond fair wear and tear.
- Landlord gathers evidence, such as exit inspection reports, photographs, and invoices for repairs.
- Landlord claims repair costs, providing proof of the damage and the expenses incurred.
- Tenancy Tribunal assesses the evidence to determine if the damage is established and if the costs are reasonable and not mitigated.
💡 Examples
- A landlord claimed $499.98 for damage to walls in a bedroom, lounge, and behind doors, but the claim was declined because the exit inspection report did not clearly show much damage.
- A landlord claimed $468.21 for replacement curtains that smelled of cigarettes, but the claim was declined because professional cleaning might have removed the smell at a lower cost, and this option was not explored.
- A tenant was ordered to pay $150.00 for the cost to replace a damaged wardrobe where the shelving, drawers, and door were broken and could not be fixed, with an invoice for $273.99 provided.
- A landlord successfully claimed $314.98 for replacement living room curtains that were damaged, supported by photos and an invoice.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What is considered 'fair wear and tear'?
Fair wear and tear refers to the normal deterioration of a property over time from ordinary use. It is not damage caused by carelessness or intention, and tenants are not liable for these costs.
How can a landlord prove damage for repair costs?
Landlords typically prove damage using exit inspection reports, photographs taken before and after the tenancy, and invoices for the repair work. These documents help show the extent of the damage and the cost to fix it.
Am I responsible for damage caused by my guests?
Yes, tenants are liable for damage caused by people at the premises with their permission. This means if a guest carelessly or intentionally damages the property, the tenant may be responsible for the repair costs.
Can a landlord claim the full cost of replacing an item?
Not always. Landlords are expected to mitigate costs. If a repair or professional cleaning could have resolved the issue at a lower cost than replacement, the landlord might only be able to recover the lower amount.
What if I disagree with the landlord's claim for repair costs?
If you disagree, you should present your own evidence to the Tenancy Tribunal, such as your own inspection reports, photos, or arguments about fair wear and tear or mitigation. The Tribunal will consider all evidence presented.
Is there a limit to how much a tenant can be liable for repair costs?
For intentional damage or damage resulting from an imprisonable offence, there is no limit to liability. For other types of damage, a tenant's liability may be limited, for example, to four weeks' rent, depending on the specific circumstances and insurance status of the property. It is best to consult with a qualified lawyer for advice on specific liability limits.