Landlord's Claim for Compensation - Denied

In a recent Tenancy Tribunal, a landlord claimed compensation from the tenant for kitchen vinyl and carpet stains, which was denied by the Tribunal.

The landlord claimed that the tenant had damaged the kitchen vinyl and stained the carpet during the tenancy and the Tribunal agreed that the damage was more than fair wear and tear and was likely caused by the careless actions of the tenant.

However, the claim for $500 in compensation was dismissed, because neither the carpet or vinyl was repaired before the property was sold at the end of the tenancy, and therefore, the landlord could not establish that they had suffered any loss as a result of the 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.

Therefore, depending on the scenario, the landlord may have been able to claim the cost of the repairs against their insurance, with the tenant required to pay the excess. The repairs however, would need to be carried out in order for the landlord to claim for compensation.

This article is featured in Property Management Focus Issue 7, 2022.