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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

49: Mitigation of damage or loss

You could also call this:

“You must try your best to reduce any harm caused by someone who breaks the rules of your agreement.”

If you or your landlord break the rules in your tenancy agreement or the Residential Tenancies Act, you both need to try to reduce any damage or loss that happens because of this. This means you should do what you can to stop things from getting worse. It’s like if someone spills water on the floor - you’d try to clean it up quickly so it doesn’t spread and cause more damage. This idea comes from the rules about what to do when someone breaks a contract. Remember, both you and your landlord have to follow this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95511.

Topics:

Housing and property > Renting

Crime and justice > Courts and legal help

48: Landlord's right of entry, or

“Explains when and how a landlord can enter the rented property, and what they need to do first”

49A: General principle, or

“Tenants are not responsible for damage to the property, except in special cases.”

Part 2 Tenancy agreements
Rights and obligations of parties

49Mitigation of damage or loss

Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.

Compare

Residential Tenancies Act 1978–1981 s 60 (SA)