Accidental damage
| # | Post |
|---|---|
| 1 | The Tenancy Services website is clear - if the damage is neither careless nor intentional the tenant is not liable. However I keep seeing references elsewhere to tenants being liable for accidental damage. I don't think this is rather case. Any input? It's proving to be a source of friction where I work. catcamwi - 2021-06-20 19:57:00 |
| 2 | What is the exact situation? pico42 - 2021-06-20 19:58:00 |
| 3 | I'd rather not say, you never know who's reading. Just looking for advice on the general principle. As far as I'm aware the new legislation provides for careless or intentional damage only. catcamwi - 2021-06-20 20:12:00 |
| 4 | If the damage is intentional, the tenant is liable for the full cost of repair. If the damage is careless, the tenant is liable for up to the landlords insurance excess or 4 weeks rent (which ever is the lesser). If the damage is accidental, the tenant is not liable. sparkychap - 2021-06-20 20:22:00 |
| 5 | This ^^ is my understanding too. catcamwi - 2021-06-20 20:34:00 |
| 6 | So what’s the issue? sparkychap - 2021-06-20 20:39:00 |
| 7 | Other people at work see things differently and there's conflict around what we can (or should) charge tenants. It doesn't help that many of the online articles I've found seem to conflate accidental and careless, even though the tenancy services website is quite clear. The act itself also doesn't specifically mention accidental damage. catcamwi - 2021-06-20 21:40:00 |
| 8 | Isn’t all damage accidental? I mean people don’t break stuff on purpose do they? lakeview3 - 2021-06-20 21:47:00 |
| 9 | catcamwi wrote: ot doesn’t specifically mention it except by omission - ie the other two are mentioned as tenants liabilities. Therefore accidental isn’t. You have to read section 49. sparkychap - 2021-06-20 21:54:00 |
| 10 | lakeview3 wrote:
Yup they do. desi1969 - 2021-06-20 22:04:00 |
| 11 | sparkychap wrote: Yeah I have. To be clear I completely agree with you but some of my colleagues have been given advice that differs. catcamwi - 2021-06-20 22:40:00 |
| 12 | lakeview3 wrote: Oh yes they most certainly do. Edited by catcamwi at 10:40 pm, Sun 20 Jun catcamwi - 2021-06-20 22:40:00 |
| 13 | catcamwi wrote: so it needs sorting before you as property managers get sued by your clients. gabbysnana - 2021-06-21 08:36:00 |
| 14 | catcamwi wrote: The question is who has given that advice...? If you are in the business of property management, the best way to understand the actual application of tenancy law is to read TT decisions. Here are just a few examples from a quick search of the word "accidental: "Rangehood light cover "The tenant explained that her daughter had run into the door, bumping it with her elbow, resulting in a small hole. The tenant satisfied me that the damage was accidental (not careless or intentional). The claim is dismissed." Plenty of other examples, you (they) just have to look. sparkychap - 2021-06-21 10:33:00 |
| 15 | Good suggestion! Appreciated, I'm going to do some more research. I thought the relevant text from the Tenancy Services website would be good enough but apparently not. catcamwi - 2021-06-21 11:24:00 |
| 16 | lakeview3 wrote: boby11 - 2021-06-21 13:10:00 |
