Allen Realty Advise How To Successfully Claim Damages At The Tenancy Tribunal

Allen Realty recently posted a blog on their website citing the problems that self-managing landlords can encounter when taking a tenant to the Tenancy Tribunal. As professional property managers, Allen Realty are in the best position to advise landlords on how to successfully claim damages at a Tenancy Tribunal hearing. Their blog goes on to say, “If a tenant causes damages to a rental property and refuses to fix the damage, landlords are required to issue them with a 14-day notice to remedy (this is required by the Residential Tenancies Act). If the tenant still does not comply, the landlord can apply to the Tenancy Tribunal to recover the cost of the damages. The Tenancy Tribunal is part of the Ministry of Justice, and is a court which deals with disputes between landlords and tenants. They may order the tenant to make repairs or pay compensation, and any orders that are issued are legally binding on all parties involved.”

Allen Realty recommend that in order to make a successful application to the Tenancy Tribunal for damages, landlords should provide detailed reports that record the condition of the property, photos of the damage, invoices which prove that work has been done and the values of goods, chattels and fittings, taking depreciation into consideration. The blog also advises that, “For example you may need to provide an invoice for the carpet installation and also prove the age of the carpets. As the Tenancy Tribunal takes deprecation into consideration, you will need to calculate how much value was left in the goods before the damage was done. Different items depreciate at different rates, generally based on Inland Revenue’s (IRDs) depreciation schedule. It is common for most items to depreciate between 10 and 20% per year. Generally the Tribunal perceives that items over 10 years old have little value and you will not be entitled to claim for that item.”

Allen Realty say it is imperative that the condition of the property is documented with photos before the tenants move in, which is where their property managers really earn their keep, recording all aspects of the property to ensure that the landlord is protected in the event of a claim being required.

At Allen Realty they focus on communication and believe that regular property inspections (ingoing, regular maintenance and outgoing inspections) with lots of photos are one of the most important aspects of their job, so for more information on Allen Realty, please go to http://www.allenrealty.co.nz.