Small win for landlords

Landlord concerns about their liability for tenant damage have been growing since the Holler vs Osaki Court of Appeal decision, which left residential landlords liable for accidental damage caused by tenants.

In response, the Tenancy Tribunal adopted a new rule whereby if it is established that damage to a rental property was unintentional, and the landlord has insurance, the tenant does not have to pay for the damage.

Shortly afterwards, a Tribunal ruling left a Foxton landlord liable for the damage to his rental property after his tenant let her dogs urinate in the house – even though the tenancy agreement had specified no pets were allowed.

But, in a change of pace, a new Tribunal ruling in another tenant damage case has come down on the side of the landlord.

Keith Powell, of Nice Place Property Management, said the Tribunal found in his favour in a case where the carpet and curtains in a room of the rental property were damaged by the five cats that were kept closed in the room.

He went to the Tribunal for damages against the tenant for not leaving the room in a “reasonably clean condition” after the tenant left the premises.

Having followed recent Tribunal cases, he was not confident the case would go in his favour, he said.