Does a landlord have to prove damages?
The landlord will issue a move out report with a list of items that need to be rectified at the tenant’s expense following the last inspection of the tenancy. But who is responsible for proving whether or not an item was broken before the renter moved in?
The state of the tenancy when you first moved in
It is the landlord’s obligation to demonstrate the original status of the tenancy when the tenant moved into their rental property. When a tenant moves in, a landlord who rents more than one tenancy must conduct an inspection of the tenancy and compile a report on the state of the tenancy. The renter is then given or forwarded this residential tenancy report. The renter has 14 days to submit comments to the report if any damages or evidence of wear and tear appear.
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If the landlord just leases one tenancy, however, there is no requirement to do a pre-move-in inspection. It is a good idea for the renter to photograph everything and compile a thorough inventory of any damages and signs of wear and tear in this situation. Within 14 days of the renter moving in, the photographs and list should be given to the landlord.
How will the landlord be able to show that he has been harmed?
It is the landlord’s responsibility to establish that the damages were not there when the tenant moved in if there is a disagreement between the tenant and the landlord when the tenant moves out.
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The burden of evidence can be lifted by the landlord by submitting photos of the tenancy or comparing the report completed when moving in with the report completed when moving out to establish whether damages or wear and tear were already there when moving in. The landlord will have a solid case showing that the damages were caused by the renter if the damage is not recorded on the moving in the report before the tenancy agreement.
What if someone else is to blame for the damage?
According to the law, you are not liable for the actions of others. The caveat to this rule is that a renter will be held liable for damages committed by others during the lease. The tenant and those who have been allowed access to the tenancy by the tenant are required by the Housing and Tenants Act to treat the tenancy responsibly.
Damages caused
Damages produced by careless activity are the tenant’s responsibility. It’s a little uncertain what constitutes negligent behaviour. In general, something can be classified as negligent behaviour if the demonstrated behaviour differs from the regular usage of the tenancy. It makes no difference whether the renter is aware that his or her action is “bad.”
Whether the damages are committed by the renter or others granted access to the tenancy by the tenant, the tenant is responsible. The renter may file a redress claim against the individual who caused the harm.
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The tenant is not responsible for damages committed by persons who were not granted entry to the tenancy, such as burglars.
What are the differences between damages and wear and tear?
Except for natural wear and tear that is not included in the tenant’s maintenance responsibility, the renter must leave the tenancy in the same condition as when they moved in. Whether the landlord or the tenant is responsible for repairs is determined by who is given the interior and external maintenance responsibility under the lease.
Furthermore, the distinction between maintenance, which the tenant is responsible for, and natural wear and tear, which the landlord is responsible for, is a little hazy. Walls damaged by indoor smoking, severe dog scratches, or holes in the walls caused by seams or sheds would all be considered the damage that the renter would be responsible for.
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Punctured double glazed windows or a dripping tap are examples of normal wear and tear that the renter would not be responsible for if the tenant does not have the exterior maintenance duty. This implies that if the object is not part of the tenant’s maintenance responsibility and simply exhibits signs of wear and tear that do not necessitate replacement, the renter is not required to pay for its replacement.
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