Who is responsible for damage to property?

Our Experts Answer:

Section 40(2)(a) of the Residential Tenancies Act 1986 states the tenant is responsible for careless or intentional damage to the property caused by themselves or anyone on the property at their invitation. Section 40(4) of the Act also states that if damage is proved to have occurred during the tenancy, then it will be for the tenant to prove that it is not the result of careless or intentional damage. Therefore, you may wish to advise your tenants that if such damage occurs in future, you will consider it their responsibility to repair unless they can show that the damage was not intentionally or carelessly caused by themselves or their visitors.

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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.

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