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If something gets damaged in a rental property, or needs repairing, it’s important to know who’s responsible for fixing and paying for the problem.
Tenants must let the landlord know if something needs fixing
Tenants must tell the landlord straight away if they are aware something needs to be repaired or maintained, no matter how it happened or who caused the damage.
The tenant is not responsible for repairs or damage arising from burglaries, natural events (such as storms, floods and earthquakes), or fair wear and tear.
Tenants need to tell the landlord if they know of any damage or need for repairs. If the tenant does not notify the landlord as soon as possible the landlord may be able to claim some of the costs of repairing the damage from the tenant if it gets worse.
If a landlord or their property manager damages a tenant’s goods, the tenant can ask them to repair those goods, or to pay the cost of replacement or repair.
Intentional damage
If a tenant (or their invited guests) intentionally damages the landlord’s property, the tenant must tell the landlord. The landlord can ask the tenant to repair the damage, or to pay the cost of replacement or repair.
Careless damage
On 27 August 2019, new legislation took effect, which will affect tenants’ liability for damage.
If tenants or their guests carelessly damage a rental property, they are liable for the cost of the damage up to four weeks’ rent or the landlord’s insurance excess (if applicable), whichever is lower.
Tenants on income-related rents will be liable for careless damage up to four weeks’ market rent or the insurance excess (if applicable), whichever is lower.
Landlords can’t ask for or accept more than that limit.
Insurance companies can’t chase tenants on the landlord’s behalf for the cost of repairs for careless damage.
If the landlord and tenant can’t agree who should pay, either can apply to the Tenancy Tribunal.
If any damage occurs, it is for the landlord to prove that the damage is not fair wear and tear. Following this, the tenant must prove that the damage was either:
- careless (and not intentional), or
- neither careless nor intentional.
If the damage is neither careless nor intentional, the tenant is not liable.
You should support your application by including copies of:
- relevant insurance policies
- photos of the damage
- receipts or quotes for repair
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