tenant liability
📖 What is tenant liability? Meaning and definition
Tenant liability in New Zealand means that a tenant can be ordered by the Tenancy Tribunal to pay money to their landlord for various reasons. This can include outstanding rent, especially if they terminate a fixed-term tenancy early, or for costs related to damage to the property beyond normal wear and tear. The Tribunal calculates the total amount owed by the tenant, often deducting any bond held by the landlord.
This liability can arise from different situations. For instance, a tenant may be held responsible for rent until the end of a fixed-term agreement if they leave early, as seen in a case where a tenant had to pay $3,207.00 for rent arrears. It also covers costs for cleaning, rubbish removal, and repairs for damage like broken glass shelves, towel rails, or plumbing issues, as demonstrated by a tenant ordered to pay $9,498.89 for such items.
Furthermore, tenant liability extends to specific issues like the cost of replacing locks if keys are not returned or if locks were changed without providing new keys to the landlord. Cleaning costs, such as for methamphetamine contamination, are also part of a tenant's potential liability. The Tenancy Tribunal determines the specific amounts payable based on the evidence presented by both the landlord and the tenant.
📋 Requirements
- The tenancy agreement, including its fixed term, must be established.
- A breach of the tenancy agreement must have occurred, such as early termination of a fixed term.
- Specific costs or damages must be identified and quantified, like rent arrears, cleaning, or repairs.
- Evidence must be presented to the Tenancy Tribunal to support the claim for payment.
📝 Procedure
- The landlord applies to the Tenancy Tribunal for compensation or reimbursement.
- Both parties attend a hearing at the Tenancy Tribunal.
- The Tribunal considers the evidence presented by both the landlord and the tenant.
- The Tribunal issues an order specifying the amount the tenant must pay to the landlord.
💡 Examples
- A tenant was ordered to pay $3,207.00 to a landlord for rent arrears after ending a fixed-term tenancy early.
- A tenant had to pay $863.50 for meth testing/cleaning and lock/key replacement because they did not return new keys after changing a lock.
- A tenant was liable for $9,498.89 covering unpaid rent, cleaning, rubbish removal, and repairs for multiple damages like repainting cupboards and plumbing issues.
- A tenant was found responsible for drying carpet and exemplary damages related to interfering with smoke alarms.
❓ Frequently asked questions
What kind of costs can a tenant be liable for?
A tenant can be liable for various costs including unpaid rent, especially if they end a fixed-term tenancy early, and for damages to the property such as cleaning, rubbish removal, and repairs for items like glass shelves, towel rails, or plumbing issues. They can also be liable for costs like lock replacement if keys are not returned.
Can a tenant be liable for rent if they leave a fixed-term tenancy early?
Yes, based on the case excerpts, a tenant can be held liable for rent until the end of a fixed-term tenancy if they inform the landlord they wish to terminate it early and the landlord does not agree to end the agreement.
Does tenant liability include cleaning costs?
Yes, tenant liability can include cleaning costs, such as general cleaning, rubbish removal, and even specialised cleaning like for methamphetamine contamination, as shown in the Tenancy Tribunal decisions.
What happens if a tenant changes a lock and doesn't give the landlord the new keys?
If a tenant changes a lock and fails to provide the new keys to the landlord, they can be held liable for the cost of replacing the lock and keys, as demonstrated in one of the cases where a tenant had to pay $86.50 for this reason.
How is the amount a tenant has to pay calculated?
The Tenancy Tribunal calculates the total amount by adding up all the proven costs, such as rent arrears, cleaning, and repair expenses. Any bond held by the landlord is typically deducted from this total to determine the final amount payable by the tenant.