Landlord compensation claims

The landlord can make a compensation claim against you for damage or loss at any time during your tenancy, although most compensation claims by landlords are made after the tenancy has ended.

Often a claim is made against the bond at the same time. If your landlord’s claim is less than or equal to the amount of your bond, they do not have to make a compensation claim, but must follow the bond claim procedures. (See ‘Getting your bond back’ on page 32 for more information.)

You should be aware that your landlord can make a claim up to 6 years after the damage or loss was supposed to have occurred. Remember your landlord can apply directly to the Tribunal for compensation if you have already moved out, or if their claim involves a responsibility under your tenancy agreement rather than under the Residential Tenancies Act 1997. If your landlord gives you a Breach of Duty

Notice, it should include:

  • details of your breach (eg you have broken a window)
  • what action you should take to fix the problem (eg replace the broken window)
  • the amount of money they are claiming for any loss they have suffered

Agreeing to pay the claim

If you agree to pay your landlord’s claim in full, in part or by instalments over time, make sure that you get the agreement in writing and have it signed by the landlord or their agent. Make sure you get receipts for any payments.