Tenancy Dispute
The client is involved in a legal dispute with a former landlord regarding alleged damages and loss of earnings due to the property's condition when vacated. The landlord conducted an inspection shortly after the client left and had begun renovations to re-let the property. The landlord claims the issues were due to the client's actions, while the client asserts that many of these problems stemmed from the landlord's own lack of maintenance. The client also mentions having made some repairs with the landlord's approval and has receipts to substantiate this.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat evidence do I need to gather to defend against the landlord's claims of damages and loss of earnings?
To defend against the landlord's claims, gather evidence such as the tenancy agreement, check-in and check-out inventory reports. Collect dated photographs of the property's condition when you left, and compile any communication with the landlord regarding repairs and permissions, including emails or messages. Witness statements may also be helpful. Documentation confirming the landlord's knowledge of necessary repairs and failure to act can further support your case.
Can the landlord make a claim for damages if they started renovations before the inspection?
The landlord may have trouble successfully claiming damages if renovations were begun before the inspection. A claim for damages should be based on the property's condition at the end of the tenancy. If renovations began beforehand, it can complicate the landlord's ability to prove the property's condition when you vacated, affecting their claim validity.
How does the landlord's failure to complete repairs impact their claim against us for damages?
The landlord's failure to complete necessary repairs may weaken their claim for damages. Under applicable legislation, landlords are obligated to maintain properties in a reasonable condition. If claimed damages are linked to their neglect, this could bolster your defense, particularly if renovations preceded the inspection.
What are my rights regarding the repairs I completed with the landlord’s verbal permission, and how can I use the receipts as evidence?
If you completed repairs with the landlord’s verbal permission, you may argue that you acted in good faith. Receipts can serve as evidence of the incurred expenses and show that the landlord approved these actions. Providing detailed receipts along with any documentation confirming permission strengthens your position.
How do I prepare for the court hearing and what should I expect during the process?
To prepare for the court hearing, organize all relevant documentation, such as your tenancy agreement and communications with the landlord. Be familiar with the court procedures, particularly regarding small claims. Expect a preliminary hearing or mediation aimed at resolving disputes. During the hearing, present your case clearly and respectfully, and be ready to answer questions.
