Legal Question in Landlord & Tenant Law in New Zealand (Aotearoa)

Fire Damage

I released my house into the cistody of a Property Manager- with a Real Estate Company, who inturn leased it to a tenant with the agreement of No Smoking included.

The tenant had a boarder which left a cigarette on a couch which caused extensive damage tothe bottom section of the house.

My insurance covers the house only and so there is no cover for carpets , curtains and venetian blinds.

Is the tenant reasponsible or the Real Estate Agent responsible for :-

1)for the removal and replacement cost of these.

2) Return airfare for myself from Australia to New Zealand.

3) Loss of earnings for rent for period to repair property and get new tenant.

4)Loss of earning for myself to take 10 days off from employment to travel down and meet with Insurance company and others relating to the fire.


Asked on 6/28/07, 7:56 am

1 Answer from Attorneys

Simon Laurent LaurentLaw Barristers & Solicitors

Re: Fire Damage

The tenant is most likely the responsbile party, first because they had the rental agreement with duties of care of the premises included, and secondly because they were probably not meant to have a boarder there in the first place.

If the Real Estate agency knew there was a boarder, or failed to inspect the property every once in a while to establish who was there, they may share some liability also.

Depending on how much you wish to claim you should get a lawyer to file the action against the tenant and/or the R/E company.

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Answered on 6/28/07, 4:28 pm


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