Understanding who pays depends on the cause of the blockage. Here’s a breakdown to help landlords and tenants know who may be responsible for footing the bill in these situations.
1. When the tenant is responsible
If a toilet blockage is the result of tenant misuse, the tenant may be responsible for the repair costs. Common examples of misuse include flushing inappropriate items like:
- Wet wipes
- Sanitary products
- Paper towels
- Foreign objects
In cases where property damage is deemed careless, tenants can be held liable for the cost of repairs. However, New Zealand law caps this liability at either four weeks’ rent or the landlord’s insurance excess (if applicable), whichever amount is lower. This limitation protects tenants from excessive costs, while still holding them accountable for avoidable damage.
2. When the landlord is responsible
On the other hand, if the blockage is due to normal wear and tear or a plumbing issue outside the tenant’s control, the responsibility lies with the landlord. Pipes can become worn or clogged over time, and issues can arise that aren’t caused by misuse. If it’s determined that general aging or structural problems in the plumbing system caused the blockage, the landlord will need to cover the repair costs, including the replacement of any parts like a pump.
3. Determining the Cause of the Blockage
Before assigning responsibility, it’s essential to investigate the cause of the blockage. Professional plumbers can often provide a report indicating whether the blockage was due to misuse or an underlying issue. This assessment can clarify who is liable and help avoid potential disputes.
The information contained in this article is exclusively for promotional purposes. It does not in any way constitute legal advice and should not be relied upon as the basis for any legal action or contractual dealings. The information is not and does not attempt to be, a comprehensive account of the relevant law in New Zealand. If you require legal advice, you should seek independent legal counsel. myRent.co.nz does not accept any liability that may arise from the use of this information.
