Tenancy dispute over 'fair wear and tear'
Question from B.Abraham updated on 20th November 2006:
Our expert Jeff Montgomery responded:
As a general rule, tenants are not liable for damage to their rented property caused by “fair wear and tear”, which can be described as any damage caused to a property that has come about as a result of the fair or reasonable use of the property for residential purposes. The Residential Tenancies Act 1986 does not refer to fair wear and tear, but this principle is well established by case law.
If a landlord is seeking compensation for damage caused to the property, and the tenant believes this damage was caused as a result of ‘fair wear and tear’, the tenant may wish to contest the landlord’s claim against the bond. The tenant can do this by making an application to the Tenancy Tribunal disputing the landlord’s bond claim (if the landlord is claiming for damage caused by ‘fair wear and tear’ against the bond). This type of dispute may be resolved through mediation, the first step in the dispute resolution process, or may proceed to a Tribunal hearing. To succeed in a defence of fair wear and tear, a tenant should be able to show that the damage at issue was not intentional or careless; and that it occurred as a normal incident of the tenant’s occupation of the premises. For detailed information and advice about bond claims and the Tenancy Tribunal application process, free phone 0800 TENANCY (83 62 62) and speak to one of our advisers. Alternatively, you can download application forms from our website: www.dbh.govt.nz/tenancy
The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.