tenancy damages
📖 What is tenancy damages? Meaning and definition
In New Zealand, tenancy damages are financial awards made by the Tenancy Tribunal to a landlord when a tenant has caused damage to a rental property or failed to meet their obligations at the end of a tenancy. These damages can cover a range of issues, including the cost of removing rubbish, repairing windows, replacing furnishings like fridges or carpets, and even the cost of replacing missing smoke alarms. The Tribunal calculates the total amount payable by the tenant based on the landlord's application for compensation and reimbursement of costs.
These awards are often made following a hearing where the landlord presents their case, especially if the tenants do not attend. The awarded amount can also include specific costs like insurance excesses for repairs, the expense of replacing locks and keys, or even compensation for lost rent during the period repairs are being carried out. The aim is to put the landlord back in the position they would have been in had the damage not occurred, or had the tenant fulfilled their end-of-tenancy obligations.
It's important for self-represented litigants to understand that the Tenancy Tribunal makes a formal 'Order' for the tenant to pay these sums immediately. The calculation of damages can sometimes involve depreciation for items like a benchtop oven, acknowledging that older items have less value. The process typically involves the landlord applying for compensation after the tenancy has ended, and the Tribunal then assessing the evidence provided.
📋 Requirements
- The landlord must apply for compensation and reimbursement of costs.
- The damages must relate to issues like rubbish removal, repairs, or replacement of furnishings.
- The Tenancy Tribunal must make an official order for payment.
- The tenancy must have ended, or the application must be made following the end of the tenancy.
📝 Procedure
- The landlord submits an application for compensation and reimbursement of costs.
- A hearing is scheduled, which may be attended by one or both parties.
- The Tenancy Tribunal considers the landlord's evidence and calculates the total award.
- The Tribunal issues an order for the tenant to pay the specified amount immediately.
💡 Examples
- A tenant was ordered to pay $2,318.30 for costs including rubbish removal and replacing a fridge after moving out.
- A landlord successfully claimed $4,148.40 from a tenant for two insurance excesses, lock replacement, and compensation for lost rent while repairs were done.
- A tenant had to pay $6,184.31 covering window repairs, cleaning, carpet replacement, and missing smoke alarms at the end of their tenancy.
- The Tribunal ordered a tenant to pay for a depreciated benchtop oven and the cost of replacing keys and locks.
❓ Frequently asked questions
What kind of damage can a landlord claim for?
Landlords can claim for various types of damage, including costs for rubbish removal, repairs to windows, replacement of furnishings like fridges or carpets, and even the cost of replacing missing smoke alarms, as determined by the Tenancy Tribunal.
Do I have to pay for everything new if I damage something old?
Not necessarily. The Tenancy Tribunal may consider depreciation for older items, meaning you might only have to pay a portion of the replacement cost, as seen with a depreciated benchtop oven in one case.
What happens if I don't attend the Tenancy Tribunal hearing?
If you do not attend the hearing, the Tribunal may still proceed with the case and make an order based on the evidence provided by the landlord, as occurred in several cases where tenants did not attend.
Can a landlord claim for lost rent as part of tenancy damages?
Yes, a landlord can claim compensation for loss of rent if the property cannot be re-rented while repairs for tenant-caused damage are being undertaken, as shown in one of the cases.
What is included in 'repairs' when calculating tenancy damages?
'Repairs' can include a wide range of items such as fixing windows, general property repairs, and even specific costs like insurance excesses related to damage, as detailed in the Tribunal orders.
When does the payment for tenancy damages become due?
Once the Tenancy Tribunal issues an order for tenancy damages, the specified amount is typically payable by the tenant to the landlord immediately.