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  1. #1

    Default tap running house flooded, who pays?

    Tenants came home and found the tap running house flooded. New carpet was damaged by water and some construction damage as well.
    The tap was not leaking. The landlord's insurance excess fee is $550. Who pays the fee?
    Any chance to terminate the fixed term tenancy for repairing?

  2. #2
    Join Date
    Apr 2009
    Posts
    981

    Default

    You should ask local property managers in your area.

    If the tenant caused the damage then they are responsible for it. If they fail to compensate then that is ground for termination of lease.

    If your unmaintained leaking faucet caused the damage then you as landlord are responsible for damages.

    Get professional advice.

  3. #3
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,879

    Default

    Quote Originally Posted by hacona View Post
    Tenants came home and found the tap running house flooded.
    You missed the million-dollar question.

    How did the tap come to be left running?
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  4. #4

    Default

    Tenant said unsure how the tap was running, maybe something flipped leaning on the tap and resulted the tap on.
    Last edited by hacona; 19-05-2019 at 12:28 PM.

  5. #5
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,326

    Default

    Quote Originally Posted by hacona View Post
    Tenant said unsure how the tap was running, maybe something flipped leaning on the tap and resulted the tap on.
    F**k's sake, they just need to own up.

    If this goes to the TT, they could potentially argue that it was an accident, so they don't have to pay.
    Squadly dinky do!

  6. #6

    Default

    you are right.

    I called tenancy line, they said the landlord pays everything including excess fee and related agent fee if the landlord can't approve if it is careless damage. Refer to "Osaki" case.

    I asked "this is the second accident in two weeks, shows the patent of careless. Can the landlord apply for terminating the fix term tenancy?" They said "no, only if the tenant agreed with it."

    I asked, "If the tenant disagreed and upset, again accidentally left tap running and house flooded Who pays?" they answered, "the landlord pays."

    I said, "but the landlord hasn't done anything wrong, why the landlord has to pay?" they answered, "if the landlord cannot agreed, apply to the tribunal."

    How vulnerable the landlords are! They can be easily shattered to pieces simply by the amulet of "careless" .
    Last edited by hacona; 19-05-2019 at 12:34 PM.

  7. #7
    Join Date
    Apr 2009
    Posts
    981

    Default

    Quote Originally Posted by hacona View Post
    you are right.

    I called tenancy line, they said the landlord pays everything including excess fee and related agent fee if the landlord can't approve if it is careless damage. Refer to "Osaki" case.

    I asked "this is the second accident in two weeks, shows the patent of careless. Can the landlord apply for terminating the fix term tenancy?" They said "no, only if the tenant agreed with it."

    I asked, "If the tenant disagreed and upset, again accidentally left tap running and house flooded Who pays?" they answered, "the landlord pays."

    I said, "but the landlord hasn't done anything wrong, why the landlord has to pay?" they answered, "if the landlord cannot agreed, apply to the tribunal."

    How vulnerable the landlords are! They can be easily shattered to pieces simply by the amulet of "careless" .
    You should lodge to TT as soon as possible, the tenant cannot have things flipping onto taps.
    It's good you have a fixed term tenancy so you can wait that out and not renew for another term.

    This is a reason why some investors prefer commercial property - the tenants are businesses and take on more responsibility, no TT.
    Or higher end residential - generally a better quality tenant.
    Or, short term rent by the room - more hands on but more control by the LL also.

  8. #8
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,326

    Default

    I have a similar issue going on now.

    Tap left running, no flooding but very high water bill.

    Tenant refuses to admit it was her.

    Someone else must have left the tap on she says.

    TT on 31st May...

    Effing tenants who never take responsibility for anything.
    Squadly dinky do!

  9. #9
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,879

    Default

    Did the tenant report the break-in to the Police.
    The one where the burglar turned the tap on and left?
    (Only joking)
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  10. #10
    Join Date
    Jan 2010
    Location
    Hibiscus Coast
    Posts
    1,800

    Default

    I was at TT hearing last Friday, tenants damaged carpet on stairs which is clearly visible on photos. Have claimed the $500 insurance excess from the tenants bond, still waiting to hear if the adjudicator will allow.
    Normally TT rules in favour of tenant, they are not responsible as it should be covered by your insurance. So I was told.


 

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