tenant compensation
📖 What is tenant compensation? Meaning and definition
Tenant compensation is a monetary award granted to a tenant by the Tenancy Tribunal in New Zealand. This compensation is typically ordered when a landlord has not fulfilled their responsibilities under the tenancy agreement or relevant legislation. The purpose of this award is to reimburse the tenant for losses, expenses, or diminished enjoyment of the property resulting from the landlord's failures.
Examples of situations where tenant compensation has been awarded include a landlord's failure to maintain the property, such as not repairing a back gate or hedges, or not providing agreed-upon amenities like a house alarm. It can also cover expenses incurred by the tenant due to the landlord's actions or inactions, or for the loss of amenity for a period, such as 12 weeks.
Compensation can also be awarded for specific items or goods belonging to the tenant that were seized or affected by the landlord's actions, such as stone slabs, vinyl planking, silver, a vanity, shipping containers, a wheelbarrow, or a jump starter. The Tenancy Tribunal calculates the specific amounts for each item or issue, leading to a total award payable by the landlord to the tenant. In some cases, exemplary damages may also be awarded in addition to compensation, for example, for failing to provide premises in a reasonable state of repair or for smoke alarm issues.
📋 Requirements
- The landlord failed to maintain the property or provide agreed-upon amenities.
- The tenant incurred expenses or suffered loss of amenity due to the landlord's actions or inactions.
- The tenant's goods were seized or affected by the landlord's actions.
- The Tenancy Tribunal determined a specific monetary value for the loss or failure.
📝 Procedure
- The tenant files an application with the Tenancy Tribunal.
- Both parties attend a hearing to present their case.
- The Tenancy Tribunal considers the evidence and arguments from both the landlord and tenant.
- The Tribunal calculates specific compensation amounts for each identified failure or loss.
- The Tribunal issues an order for the landlord to pay the determined compensation to the tenant.
💡 Examples
- A tenant was awarded $800 in compensation because their landlord failed to maintain the back gate and hedges, and did not provide a house alarm as expected.
- A tenant received $4,354.14 in compensation, including amounts for expense claims and loss of amenity for 12 weeks, due to the landlord's failure to provide the property in a reasonable state of repair and issues with smoke alarms.
- A tenant was awarded over $67,000 in compensation for various seized goods, including stone slabs, vinyl planking, silver, a vanity, shipping containers, a wheelbarrow, and a jump starter.
- A landlord was ordered to pay compensation for failing to provide the property in a reasonable state of repair, alongside exemplary damages for smoke alarm issues.
❓ Frequently asked questions
What kind of failures can lead to tenant compensation?
Tenant compensation can be awarded for various landlord failures, such as not maintaining the property (e.g., back gate, hedges), not providing agreed amenities (e.g., house alarm), or for expenses and loss of amenity due to the property not being in a reasonable state of repair.
Can I get compensation for my belongings if they are affected by the landlord?
Yes, compensation can be awarded for specific items or goods belonging to the tenant that were seized or affected by the landlord's actions, such as stone slabs, vinyl planking, or shipping containers.
Is tenant compensation the same as exemplary damages?
No, they are distinct. Compensation aims to cover actual losses or expenses, while exemplary damages are awarded to punish a landlord for serious breaches, such as failing to provide premises in a reasonable state of repair or for smoke alarm issues, and to deter similar conduct.
How is the amount of compensation calculated?
The Tenancy Tribunal calculates the compensation by assessing the specific monetary value of each failure, expense, or loss of amenity identified. This can include the cost of repairs, the value of seized goods, or an amount for the period of diminished enjoyment of the property.
What should I do if I believe I am owed tenant compensation?
If you believe you are owed tenant compensation, you would typically need to file an application with the Tenancy Tribunal, providing details of the landlord's failures and the losses you have incurred. It is helpful to gather evidence to support your claim.