repairs
📖 What is repairs? Meaning and definition
In New Zealand tenancy law, 'repairs' often come up when a tenancy ends and there's a dispute about the condition of the property. Landlords may claim costs for repairs if they believe damage beyond normal wear and tear has occurred during the tenancy. The Tenancy Tribunal can order tenants to pay for these repairs, with the costs being deducted from the bond or paid directly to the landlord.
For example, costs for repairs can cover specific items like a damaged stone benchtop, wall damage, or issues with carpet. More extensive repairs might include fixing a shower cubicle, laminate flooring, or painting that is required due to tenant actions. These costs are typically itemised in a table during Tenancy Tribunal proceedings, showing how much is attributed to the landlord and how much to the tenant.
The process usually involves the landlord applying to the Tenancy Tribunal for compensation after the tenancy has ended. The Tribunal then assesses the claim, often in a hearing where both parties can present their case. If the tenant is found responsible for the damage, they will be ordered to pay the repair costs. This can result in deductions from the bond or a direct payment order to the landlord, as seen in cases where tenants were ordered to pay for carpet repairs, shower cubicle repairs, or painting.
📋 Requirements
- Damage occurred to the rental property.
- The damage is beyond normal wear and tear.
- The tenancy has ended.
- The landlord applies to the Tenancy Tribunal for compensation.
📝 Procedure
- Landlord files an application for compensation with the Tenancy Tribunal.
- A hearing is scheduled, and parties are notified.
- The Tenancy Tribunal hears the case, even if a party is absent but properly served.
- The Tribunal assesses the landlord's claim for repair costs.
- If the tenant is found liable, the Tribunal orders payment for repairs, often from the bond or directly to the landlord.
💡 Examples
- A tenant was ordered to pay $391.00 for repairs to a stone benchtop and $138.00 for wall damage after their tenancy ended.
- Following a tenancy, the Tenancy Tribunal ordered tenants to pay $632.50 for carpet repairs and an additional $150.00 for painting.
- A landlord successfully claimed $3,105.00 for repairs to a shower cubicle and $1,351.25 for laminate flooring, along with painting costs, from a tenant.
- When a tenancy concluded, the landlord sought and received an order for the tenant to cover costs for various repairs, including those to the carpet and for painting.
❓ Frequently asked questions
What kind of damage counts as 'repairs' a tenant has to pay for?
Based on the cases, 'repairs' can include fixing specific items like a stone benchtop, walls, carpets, shower cubicles, laminate flooring, and painting that is needed due to damage beyond normal wear and tear during the tenancy.
Can a landlord just take money from my bond for repairs without telling me?
No, a landlord typically needs to apply to the Tenancy Tribunal to claim costs for repairs from your bond. The Tribunal will then make a decision on how the bond is apportioned after a hearing.
What if I disagree with the landlord's claim for repairs?
You have the right to attend the Tenancy Tribunal hearing and present your side of the story. The Tribunal will consider all evidence before making a decision on who is responsible for the repair costs.
How are the costs for repairs calculated?
The Tenancy Tribunal will review the landlord's itemised claims for repairs. These claims typically list specific damages and their associated costs, which the Tribunal then assesses for reasonableness and tenant liability.
What if I don't attend the Tenancy Tribunal hearing about repairs?
The Tenancy Tribunal can proceed with the hearing and make a decision in your absence if they are satisfied that you were properly served with notice of the hearing. It is always best to attend or communicate with the Tribunal if you cannot.