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Intentional Damage to a Rental Property

Intentional Damage to a Rental Property National Propertyscouts

24 November 2020

What constitutes intentional damage to a rental property?

Damage is intentional where either a tenant or a person invited to the premises by the tenant intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. Under the Residential Tenancies Act 1986, a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. Once that is proved to the satisfaction of the Tenancy Tribunal the onus then falls on the tenant to prove they did not carelessly or intentionally cause or permit the damage in order to avoid liability

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