Landlords seeking compensation for damages caused by tenants should take care to prove the cause, not just the consequences, of the damage as VNG RENTALS LIMITED vs Xu [2020] NZTT Auckland 4269426 demonstrates.

 
Facts
  • On or about 2 May 2020, the bathroom of the apartment flooded. Water leaked into the adjoining apartment resulting in an approx $4.5K damage.
  • In an email to the tenants on 2 May 2020, the landlord’s representative stated, “According to the plumber’s advice, it is highly like tenants’ hair
    stopping the drain up, and which has even led to your neighbor unit 903’s carpet gets wet (sic)”.
  • On or about 5 May 2020, the building manager and contractor attended the site to clean up and repair.
 
The claim

The landlord applied to the Tribunal for compensation on the basis that the tenant had caused the damage and provided the following to support its claim:

  • copy of the invoice from the building manager stating ‘water leakage damage inspection during day off’; 
  • copy of the invoice from carpet cleaning contractor;
  • photographs of the damage; and 
  • record of aforementioned 2 May email to the tenant

Note the landlord did not provide: 

  • copy of plumber’s invoice; nor
  • plumber’s advice of the likely cause of the flooding (i.e. tenant’s hair)

 

The law

The adjudicator summaries the tenant’s obligations vis-à-vis damages to the property under ss 40(2)(a), 41 and 49B of the Residential Tenancies Act thus:

A landlord must prove that the damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or...