Question from Roger updated on 7th March 2018:
I am aware of the tenancy decision where a tenant caused a fire and was not liable as it was an accident. I'm just wondering would the decision be different if the tenant was using a gas cooker (which is not provided by landlord, and is against council regulations) on the stove top?
Our expert Bernard Parker responded:
It is difficult to predict what would be the result of a different scenario without having access to all the facts. The case of Holler & Rouse v Osaki was about damage unintentionally caused by a tenant where the landlord is covered by insurance. In those circumstances the Court decided that a residential tenant has the same protection as a commercial tenant under the Property Law Act 2007.
You have not said whether your tenant has caused a fire, or whether you are simply exploring the possibility. In this instance I cannot give you an answer. It depends on the decision of the Tenancy Tribunal in a given fact situation.Bernard is principal of Quinovic – Kapiti-Mana. Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 30 years.