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  1. #1
    Join Date
    Mar 2007
    Posts
    111

    Default Landlord's Insurance

    Hi - who pays the excess for damage to a door/window and landlord's insurance is claimed?

  2. #2

    Default

    This will answer your question, which in a nutshell is, the landlord pays.

    https://www.tenancy.govt.nz/assets/U...or-Damages.pdf

  3. #3
    Join Date
    Apr 2004
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    Auckland
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    1,844

    Default

    If the tenant caused the damage - then they pay.
    Osaki case has been over ruled.
    The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

  4. #4
    Join Date
    Jun 2004
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    10,023

    Default

    Quote Originally Posted by PC View Post
    If the tenant caused the damage - then they pay.
    Osaki case has been over ruled.
    When did that happen?

  5. #5
    Join Date
    Apr 2004
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    Auckland
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    Default

    The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

  6. #6
    Join Date
    Jun 2004
    Posts
    10,023

    Default

    That case was overturned - ruled that it wasn't accidental.
    The Osaki case is around accidental damage - if not accidental then Osaki doesn't apply.
    It doesn't mean Osaki has been overruled - and it hasn't.

  7. #7

    Default

    Check the lease - I'm pretty sure that my tenant pays insurance excess on the one example I recall but up to a pre-determined maximum specified in the lease.

  8. #8
    Join Date
    Mar 2007
    Posts
    111

    Default

    Thanks for the replies. These cases are residential tenancy rulings. My understanding is that commercial lease allows the excess to be recovered from the tenant. Recently, tenants have argued against this hence the query to see what others experience.


 

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