Damage claim confusion

Our Experts Answer:

This is an interesting angle on the ramifications of the Holler vs Osaki decision. The precedent set by the decision reduces the ability for landlords to recover from tenants where they have caused damage to the landlords’ property. The few types of claim that may be exceptions to this decision are where the damage was caused intentionally, was an imprisonable offence or where the tenant compromises the payment of insurance funds.

In this last regard, I am not sure that the Tribunal adjudicator has made the correct interpretation of the law in this instance - as you say you went to the Tribunal before approaching your Insurer. Ideally, where property damage has been experienced, I would always recommend that a landlord lodge a claim with their insurer before proceeding to the Tribunal.