The most common reasons to claim compensation are for breaches of the Residential Tenancies Act 1997 RTA by the landlord, such as:
- repair issues (section 68)
- quiet enjoyment being disturbed (section 67)
- the home not being vacant or clean on the day you are supposed to move in (section 65)
- external doors and windows not having locks, or where a lock that has a key is changed but you haven’t been given the new key (section 70)
- water appliances, fixtures or fittings being below standard (section 69).
Compensation is not limited to the above breaches. You might also be able to claim for other problems you have with your tenancy, and the landlord not following the law or the tenancy agreement. This could include claiming compensation for:
- being illegally evicted
- the landlord unlawfully disposing of your goods or personal documents
- misrepresentations by the landlord, such as promising products or services but not providing them
- your belongings being damaged when the landlord, agent or someone they invite enters your home
- being charged for electricity, gas or water where there is no separate meter
- the landlord reducing or withdrawing services or facilities or other items at the home
- invalid rent increases
- the landlord refusing to return overpaid rent
- the landlord refusing to return a deposit you paid to hold the home
- significant inconveniences you have experienced as a result of the landlord failing to follow the law or tenancy agreement
Compensation for breaches
The Residential Tenancies Act 1997 (RTA) provides a number of duties that the landlord needs to obey. If the landlord or their agent breach these duties, you can claim compensation for losses you have suffered because of the breach.
Repair issues (section 68)
By law, the landlord has a duty to ensure your home is maintained in good repair. You may be able to claim compensation if the landlord or agent breaches this duty and delays or does not do repairs.
For example:
The landlord didn’t fix, or delayed fixing:
- a leaking roof, and you could not use part of your home until it was fixed
- the hot water system, and you could not shower at home until it was fixed
- the heater, and you had to buy another heater to use until it was fixed
- the stove, and you could not cook at home until it was fixed.
You might also get compensation if you had an increased electrical bill due to repairs being done, for example, running heaters or fans to dry out carpets after a burst water pipe, or tradespeople operating a lot of power tools when doing repairs.
Depending on the circumstances, you might also be able to claim for loss or damage to your things if this was caused by a repair issue that the landlord knew about, or should have known about, but didn’t fix or delayed fixing.
You can also claim compensation for loss of quiet enjoyment where this has been affected by repair issues. See quiet enjoyment, below.
You will need to show both your loss and the cause to make your claim, so remember to keep evidence of the problem and your costs.
“Quiet enjoyment” disturbed (section 67)
By law, the landlord has a duty to take all reasonable steps to ensure that you have quiet enjoyment of your home. You may be able to claim compensation if the landlord or agent breaches this duty.
For example:
The landlord, their agent, or someone they have sent to your home has not followed the entry rules in the RTA, such as:
- turning up at your home without giving you proper notice
- entering your home without a proper reason
You cannot fully enjoy your home, for example:
- you cannot enjoy all or part of your home because of repair issues, such as a roof leak the landlord hasn’t fixed or delays fixing
- you cannot enjoy all or part of your home because of tradespeople working there
- you cannot enjoy all or part of your home because it wasn’t reasonably clean or vacant on the day you were supposed to move in
- you cannot get in to your home because the landlord or agent haven’t given you keys
- you cannot get in to your home because the landlord or agent have changed the locks or illegally evicted you
You need to show both your loss and the cause to make your claim, so remember to keep evidence of the problem and your costs.
Locks or keys not provided (section 70 and section 67)
By law, the landlord must provide locks to secure all external doors and windows. If they change any lock that has a key they must give you a key as soon as possible.
You can claim compensation if your landlord or agent breaches this duty.
For example:
- you cannot get in to your home because the landlord or agent has changed the locks but not given you a key (see also quiet enjoyment, above.)
- your home was broken into and your belongings were damaged or stolen because the landlord didn’t provide locks for all the external doors and windows
Note: If you cannot lock up your home you should report this to the landlord and agent immediately and, where locks are broken or faulty, take action to get urgent repairs done straight away. You should also do all you can to keep yourself and your belongings safe. Even though the landlord is at fault for not providing locks, it might affect your claim if you did not act on this quickly and take any steps you could to protect yourself and your belongings.
You need to show both your loss and the cause to make your claim, so remember to keep evidence of the problem and your costs.
Water products below standard (section 69)
By law, when the landlord replaces an appliance, fitting or fixture that uses or supplies water they must use products with a water saving rating of 3-stars or above. There are very few exceptions.
You may be able to claim compensation if the landlord or agent breaches this duty.
For example:
You receive a really high water bill after the landlord replaced:
- a broken dishwasher with one below the minimum rating
- a broken shower with one below the minimum rating
- a broken toilet with one below the minimum rating
- a broken tap with one below the minimum rating
You need to show both your loss and the cause to make your claim, so remember to keep evidence of the problem and your costs.
For information about water ratings see WELS (website)
Not clean when you move in (section 65)
By law, the landlord must ensure the home is reasonably clean on the day you are supposed to move in. If it isn’t you are not required to move in until the home has been made reasonably clean.
You can claim compensation if the landlord or agent breaches this duty.
For example:
If the home was too dirty for you to move in straight away, you:
- are entitled to have any rent you have paid reimbursed until the home is made reasonably clean and you can move in
- could claim for other costs and inconveniences you’ve incurred because you couldn’t move in until the home is made reasonably clean, OR
if you move in and had to clean the home yourself because the landlord refused to clean it you could claim for:
- any costs you incurred for cleaning
- any loss of your use of the home while it wasn’t reasonably clean
You need to show both your loss and the cause to make your claim, so remember to keep evidence of the problem and your costs.
Not vacant when you move in (section 65)
By law, the landlord must ensure the home you rent is vacant on the day you move in. Vacant includes that no-one else is living there and also that no-one else’s belongings are left there.
You can claim compensation if the landlord or agent breaches this duty.
For example:
If there is someone else living at the home on the day you are supposed to move in, or you’ve rented the home unfurnished but it’s full of things that belong to the landlord or previous tenant and you cannot move in straight away you:
- are entitled to have any rent you’ve paid reimbursed up until the home is vacant and you can move in
- could claim for other costs and inconveniences you’ve incurred because you couldn’t move in until the home was vacant
If you move in but could not use all of your home because the landlord was still using part of it to store their own things, or things that belong to a previous tenant, you can ask the landlord to remove these things and can claim compensation for not being able to enjoy the entire home. For example:
- the home is rented with a garage, but you cannot use it because the landlord is storing their own things there, OR
- you have rented the home unfurnished, but furniture has been left behind and you cannot get full use of the home until it is removed.
You need to show both your loss and the cause to make your claim, so remember to keep evidence of the problem and your costs.
Compensation for other reasons
Compensation is not limited to the above breach sections of the RTA. You might also be able to claim for other problems you have experienced with your tenancy and the landlord not following the law or the tenancy agreement. There are some examples on this page, but this is not a full list—there may be other areas not mentioned here where you could claim. If your situation isn’t dealt with here, we recommend you contact us, your local TAAP service, Tenancy Plus provider or Community Legal Centre for advice on your particular situation.
Illegal eviction
If the landlord wants to evict you, they must follow all the steps in the law. Only the police can evict you. If anyone else tries to evict you, you should call the police immediately.
You can claim compensation if the landlord illegally evicts you.
You can claim for inconveniences, costs, loss or damage you have suffered because of the landlord’s illegal actions, including, but not limited to:
- having to pay to stay somewhere else while you couldn’t access your home
- having your belongings damaged or destroyed during the illegal eviction
- inconveniences you have suffered as a result of being illegally evicted
You need to show both your loss and the cause to make your claim, so remember to keep evidence of the problem and your costs.
Illegally removing your goods
It is against the law for the landlord to take or dispose of your belongings because you owe them rent.
The landlord also must not take or dispose of your belongings if you left them behind when you moved out, unless they follow all of the steps in the law first.
You can claim compensation if the landlord has broken these laws.
For example, you could claim for:
- having to buy replacements for your belongings they got rid of
- fixing things that got damaged because they were left on the street
Note: You may not get the full cost for replacement unless you can show your goods were new when they were disposed of, destroyed or damaged, or that the only suitable replacement is something new. For example, there may be health risks in purchasing a second hand mattress if yours has been disposed of by the landlord. For this reason, you may also wish to consider tenants’ insurance for your belongings.
If the landlord has legally sold your goods you can apply for compensation to have any money left over from the sale paid to you.
You need to show both your loss and the cause to make your claim, and make sure you keep evidence of the problem and your costs.
Damage to your goods during entry (section 90)
You can claim compensation if your belongings have been damaged during a visit to your home by the landlord, their agent, or someone they have allowed in.
You need to show both your loss and the cause to make your claim and make sure you keep evidence of the problem and your costs.
Note: if your goods were damaged beyond repair you may not get the full cost for replacement unless you can show they were new when they were damaged, or that the only suitable replacement is something new. For example, there may be health risks in purchasing a second hand mattress. For this reason, you may also wish to consider tenants’ insurance for your belongings.
Broken promises
You can claim compensation if the landlord does not provide things they agreed to in the lease or in a separate agreement you have with them.
For example:
- if you have to pay high mobile phone/data bills because the landlord does not install a phone or internet connection that they promised
- if you have to buy heating/cooling products because the landlord does not install a heater or air conditioner that they promised
- if you have to pay for a gardener because the landlord does not provide the gardening that they promised
You need to show both your loss and the cause to make your claim and make sure you keep evidence of the problem and your costs.