Skip to main content

Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

SimplifiedLaw.co.nz
tenancy

What happens if a repair person damages tenant belongings?

Key Takeaway

If a repair person damages a tenant's belongings during a New Zealand residential tenancy, the landlord may be responsible if the damage results from a breach of their duties under the Residential Tenancies Act 1986. Tenants can seek compensation for losses arising from such disputes through the Tenancy Tribunal.

In New Zealand, a residential tenancy is an agreement where a person (the tenant) pays another (the landlord) for the right to live in a premises [Source: Residential Tenancies Act 1986, s 2]. When repairs are required, landlords often arrange for external contractors. If these repair persons damage a tenant's personal property, specific legal considerations arise regarding responsibility and resolution under residential tenancy law.

Landlord's Obligations Regarding Repairs

Landlords have a duty to maintain the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(b)]. This obligation extends to ensuring that any work undertaken by contractors or repair persons on their behalf is carried out competently and without undue interference to the tenant. The landlord must not interfere with the tenant's reasonable peace, comfort, or privacy in the use of the premises [Source: Residential Tenancies Act 1986, s 38(2)]. This is often referred to as the implied covenant of quiet enjoyment.

Damage to Tenant's Personal Belongings (Chattels)

Chattels are movable articles of personal property, such as furniture or electronics. The Residential Tenancies Act 1986 (RTA) primarily governs the relationship between landlords and tenants concerning the premises itself. While the RTA does not explicitly state that a landlord is liable for damage caused by their contractors to a tenant's personal belongings, the Tenancy Tribunal has jurisdiction to hear disputes concerning "any matter arising out of a tenancy" [Source: Residential Tenancies Act 1986, s 77(2)].

If a repair person, acting as the landlord's agent, causes damage to a tenant's chattels while performing repairs, the tenant may argue that this damage constitutes a loss suffered due to a breach of the landlord's obligations under the RTA. Such breaches could include:

  • A failure to maintain the premises safely, leading to the damage [Source: Residential Tenancies Act 1986, s 45(1)(b)].
  • An interference with the tenant's reasonable peace, comfort, or privacy, if the conduct of the repair person was significantly disruptive or negligent [Source: Residential Tenancies Act 1986, s 38(2)].

The Tenancy Tribunal has the power to order a party to a tenancy agreement to pay compensation for "loss or damage suffered by a party to the tenancy agreement" [Source: Residential Tenancies Act 1986, s 80(1)(g)]. This provision allows the Tribunal to consider claims for damage to a tenant's belongings if it can be directly linked to a landlord's failure to meet their duties under the RTA or the tenancy agreement.

Tenant's Rights and Obligations

Tenants are generally required to permit the landlord or their agent to enter the premises to carry out necessary repairs, provided proper notice is given [Source: Residential Tenancies Act 1986, s 48(1)(d)]. During such entry, tenants are expected to take reasonable steps to secure their valuable belongings. Many tenants choose to obtain their own contents insurance to cover damage or loss to their personal property, as this provides direct coverage regardless of fault.

Resolution of Disputes

If a tenant's belongings are damaged by a repair person acting for the landlord, the following steps are typically followed:

  1. Communication: Communication typically involves the tenant informing the landlord in writing about the damage, providing details and any available evidence (e.g., photos, quotes for repair or replacement).
  2. Mediation: If the matter cannot be resolved directly, either party can apply to Tenancy Services for free mediation [Source: Residential Tenancies Act 1986, s 85]. Mediation is a voluntary process where a neutral third party helps the parties reach an agreement.
  3. Tenancy Tribunal Application: If mediation is unsuccessful, or if one party prefers, an application can be made to the Tenancy Tribunal [Source: Residential Tenancies Act 1986, s 77]. The Tribunal is an independent judicial body that hears and determines disputes between landlords and tenants, and can make legally binding orders, including orders for compensation for loss or damage [Source: Residential Tenancies Act 1986, s 80(1)(g)].

When assessing a claim for damage to chattels, the Tribunal will consider all evidence, including whether the landlord acted reasonably in selecting and supervising the repair person, and whether the damage was a direct result of a breach of the landlord's obligations under the RTA.

When to Seek Independent Legal Advice

It is advisable for individuals involved in tenancy disputes, especially those concerning significant damage or complex liability issues, to seek independent legal advice. Community Law Centres throughout New Zealand offer free legal advice and assistance on a range of legal matters, including tenancy issues. For specific queries about a tenancy, individuals may also contact Tenancy Services for information and support.

Key Resources