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tenancy

How to claim compensation for delayed repairs

Key Takeaway

In New Zealand, tenants can seek compensation for landlord-delayed repairs if the landlord breaches their obligation to maintain the premises. This typically involves formally notifying the landlord and, if the issue persists, applying to the Tenancy Tribunal for orders such as repair, rent reduction, or financial compensation for losses suffered.

Claiming Compensation for Delayed Repairs in New Zealand Residential Tenancies

New Zealand tenancy law establishes clear responsibilities for both landlords and tenants regarding the maintenance and repair of rental properties. When a landlord fails to address necessary repairs in a timely manner, tenants may have grounds to claim compensation. This article outlines the relevant rules, rights, and obligations under the Residential Tenancies Act 1986 (the Act) concerning delayed repairs.

Landlord's Obligation to Maintain Premises

Landlords have fundamental obligations to ensure that rental properties are kept in a suitable condition. Specifically, a landlord must:

  • Keep the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(b)].
  • Comply with all building, health, and safety requirements applicable to the premises [Source: Residential Tenancies Act 1986, s 45(1)(c)].
  • Remedy any damage to the premises as soon as possible [Source: Residential Tenancies Act 1986, s 45(1)(e)].

What constitutes a "reasonable state of repair" can depend on various factors, including the age and character of the premises [Source: Residential Tenancies Act 1986, s 45(1)(b)].

Tenant's Obligation to Notify of Damage or Repair Needs

While landlords are responsible for maintaining the property, tenants also have an obligation to inform their landlord of any issues. A tenant must notify the landlord of any damage to the premises or of any repairs that are required [Source: Residential Tenancies Act 1986, s 40(1)(c)]. Prompt notification is crucial as it allows the landlord to address the issue and forms an important part of the tenant's record if the matter escalates.

What Constitutes a Delayed Repair?

The Residential Tenancies Act 1986 specifies that a landlord must "remedy any damage to the premises as soon as possible" [Source: Residential Tenancies Act 1986, s 45(1)(e)]. While the Act does not define a precise timeframe for "as soon as possible," it implies prompt action. The urgency of the repair, its impact on the tenant's quiet enjoyment of the property, and the landlord's efforts to arrange repairs are typically considered. Repairs that affect health, safety, or essential services (e.g., water, electricity, heating) are generally considered more urgent.

Steps to Claim Compensation for Delayed Repairs

If a landlord fails to address necessary repairs in a timely manner, tenants can take several steps to seek a remedy:

1. Communicate with the Landlord

The first step is always to communicate the repair needs to the landlord in writing (e.g., email, text message). This creates a record of the notification and the date it was sent. Keep copies of all correspondence.

2. Issue a 14-Day Notice to Remedy

If the landlord does not remedy the breach of their obligations (i.e., fails to carry out repairs) after being notified, the tenant can issue a formal written notice requiring the landlord to remedy the breach within not less than 14 days [Source: Residential Tenancies Act 1986, s 50(2)]. This notice must clearly state the breach and what is required to remedy it. This is a crucial step before applying to the Tenancy Tribunal.

3. Apply to the Tenancy Tribunal

If the landlord fails to remedy the breach within the 14-day notice period, or if the breach is a serious one, the tenant can apply to the Tenancy Tribunal. The Tenancy Tribunal is a judicial body established to resolve disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 77].

When applying to the Tribunal, the tenant can request various orders, including:

  • Order to Perform Repairs: An order requiring the landlord to undertake specific repairs or maintenance [Source: Residential Tenancies Act 1986, s 85(1)(d)].
  • Compensation: An order for the payment of compensation for any loss or damage suffered by the tenant as a result of the landlord's failure to maintain the property [Source: Residential Tenancies Act 1986, s 85(1)(c)]. This might include costs for alternative heating, damage to the tenant's belongings, or loss of amenities.
  • Rent Reduction: An order reducing the rent payable under the tenancy agreement [Source: Residential Tenancies Act 1986, s 85(1)(f)].
  • Exemplary Damages: If the landlord's breach is "intentional" or "reckless", the Tribunal may order exemplary damages. Exemplary damages are awarded to punish the breaching party and deter similar conduct, rather than solely to compensate for loss [Source: Residential Tenancies Act 1986, s 109(3)]. The maximum amount of exemplary damages that can be awarded for a single breach of the Act is $1000 [Source: Residential Tenancies Act 1986, s 109(4)].

When making an application, tenants should provide all relevant evidence, including copies of communication with the landlord, photographs of the damage, and any receipts for expenses incurred due to the delayed repairs.

When to Seek Independent Legal Advice

If you are a tenant facing issues with delayed repairs, or a landlord responding to repair requests, and are unsure of your specific rights, obligations, or the process for resolving a dispute, it is recommended to seek independent legal advice. Information can be obtained from Tenancy Services, your local Community Law Centre, or a qualified legal professional.

Key Resources