More clarification needed on tenant damage

NZPIF executive officer Andrew King

Following a Tenancy Tribunal ruling which absolved a tenant who let dogs urinate throughout her rental property of responsibility, landlord David Russ appealed the ruling to the Palmerston North District Court.

The District Court judge found in his favour, saying the Tribunal ruling was wrong and the damage caused by the tenant qualified as intentional not accidental – and this made her liable for costs.

Landlords nationwide have greeted the decision as a blow for common sense amidst the fallout from the notorious Osaki case, which left landlords liable for accidental damage caused by tenants.

NZ Property Investors Federation executive officer Andrew King said the decision has clarified that the original Tribunal ruling was incorrect.