Wellington Propertyscouts

Court Appeal Over Intentional vs Unintentional Damage by Tenant - 17th Sep 2016

A ruling by the Tenancy Tribunal has again been appealed by a landlord in a decision made around intentional vs unintentional damage to a rental property.Carpets in a rental property in Foxton had to be completely replaced, costing the landlord $3000, due to a tenants pet dogs urinating all over the carpet. Although there was a no pets policy on the rental agreement, the Tenancy Tribunal ruled that the tenant was not liable for the damage as it was 'unintentional'.

The landlord is appealing the case and it will be heard in Palmerston North District Court in early December. The question of intentional vs unintentional damage has been brought to light recently by the Osaki case where a tenant left a pot on the stove in the rental property, resulting in a house fire, however the tenant was found not liable.

The appeal in this most recent case could be influential in future decisions made in court around rental properties, as it is one of the first decisions to apply the practice note from the Osaki case.

Read the full article: http://www.stuff.co.nz/taranaki-daily-news/business/84337585/Foxton-landlord-seeks-appeal-in-soiled-carpet-case

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