Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Boarding house tenancies - Rights and obligations of landlords and tenants

66N: Mitigation of damage or loss

You could also call this:

“If someone breaks the rules, you need to try your best to stop things from getting worse.”

If you’re a landlord or tenant and the other person doesn’t follow the rules in your tenancy agreement, you need to do your best to reduce any damage or loss that happens because of this. This means you should take sensible steps to limit the problems caused by the other person’s actions. This rule follows the general legal idea that when someone breaks a contract, the other person should try to minimise the harm that results.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3283915.

Topics:
Housing and property > Renting
Previous

66M: Tenant’s obligations at end of tenancy, or

“When you move out of a boarding house, you must leave, take your stuff, clean up, give back keys, and leave the landlord's things behind.”

Next

66O: Landlord may make house rules, or

“The owner of a boarding house can make and change rules about how to use the house and its services, as long as the rules are fair and legal.”

Part 2A Boarding house tenancies
Rights and obligations of landlords and tenants

66NMitigation of damage or loss

  1. If a landlord or tenant breaches any provision of the tenancy agreement, the other party must take all reasonable steps to limit the damage or loss arising from the breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.

Notes
  • Section 66N: inserted, on , by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).