Tenant Wins Compensation and Repairs for Damage from Leaking Shower

__________________________________________________________________________________ 9055624 1

[2025] NZTT Auckland | Tāmaki Makaurau 9055624

TENANCY TRIBUNAL AT Auckland | Tāmaki Makaurau

APPLICANT: [redacted] Owner of a principal unit

RESPONDENT: [redacted] Owner of a principal unit

UNIT ADDRESS: Apartment 1008, [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must by the end of 21 February 2024:

a. Ensure that the shower in Apartment 1108 is repaired against leaking to a professional, reasonable state of repair and durability.

b. Repair the unit address’s bathroom ceiling to a reasonable state of repair.

2. [NAME] must immediately pay [NAME] $3,983.00 calculated as set out in the table below.

Description Amount Loss of opportunity at $250.00 per week $2,678.00 Alternative accommodation cost $575.00 Plumber’s invoice $230.00 Filing fee $500.00 Total award $3,983.00

__________________________________________________________________________________ 9055624 2

Reasons:

1. The claim was heard before me on 4 October 2024 and13 February 2025.

2. [NAME] attended the hearing for the applicant. He is the unit owner’s brother-in-law.

3. [NAME] of [COMPANY] ([NAME]), the respondent’s agent, attended the hearing for the agent.

4. The applicant seeks work orders and compensation for a leak that he says originates from the respondent’s unit.

Background

5. The unit owner’s elderly father travelled from China to visit his New Zealand- based family. The visit is likely the last he could make given his advanced age and poor health. The unit was renovated for him to live in for the six months he intended to stay. He moved into the unit on 23 March 2024.

6. However, he moved out on 21 April due to the leaks which are the subject of this claim.

7. [NAME] building manager emailed [NAME] of a leak into the applicant’s unit on 10 April 2024:

We have just been notified of the leak of the shower in unit 1108 , causing damage to 1008 the unit below

Please organise

1. A plumber to fix shower leak in the unit you manage 2. A painter decorator to restore the damage to the unit below

If you could keep me updated on the progress

8. [NAME] had its plumber attend on 10 April. The plumber found no apparent leaks from the shower did some minor “process of elimination” work retightening and resealing the shower waste.

9. [NAME] emailed the building manager that the leak had been fixed. However, on 14 April, [NAME] emailed the building manager that the leaking was still occurring.

10. On 15 April 2024, [NAME] emailed [NAME] (at [EMAIL]) to confirm access times to the unit for [NAME]’s plumber to inspect and repair the leak.

11. On 16 April 2024, [NAME]’s plumber inspected the shower again. It siliconed an obvious area of grout/silicone deterioration. It noted that the shower door had a 10mm gap in a closed position and advised [NAME]:

mailto:[EMAIL]

__________________________________________________________________________________ 9055624 3

Believe water maybe spraying on the glass and leaking onto the tile floor and making its was in the apartment below…

To rectify this issue we recommend a shower specialist to attend.

12. On 21 April 2024, [NAME] emailed [NAME] and the building manager:

The water leakage from 1108 happened again last night…

13. 23 April 2024, [NAME] issued a work order to [NAME] to provide a quote to repair the shower.

14. On 26 April 2024, [NAME] emailed [NAME] (copying in the building manager):

Could you please provide any updates on the repair as I have not heard from you since 16th April.

15. On 29 April 2024, [NAME] emailed [NAME] to require it to pay for this father-in- law’s alternative accommodation costs:

…complete the following by this Thursday 2nd May 2024:

1. Payment for relocation costs…

2. Provide updates on the progress of the repairs…

16. On 30 April 2024, [NAME] phoned [NAME]’s new property manager for Apartment 1108, to confirm that the unit was still leaking. [NAME] inspected 1108 the same day and could not locate any link.

17. On 3 May 2024, [NAME] gave [NAME] an estimate to replace the shower door, stating:

Hi [NAME],

yes sorry I went there yesterday and could not fix the door. You are going to need to replace the frame, glass and door etc…It will need to be custom made…

18. On 23 May 2024, [NAME] provided [NAME] with a quote to repair the shower.

19. On 10 June 2024, [NAME] authorised [NAME] to repair the shower.

20. Significantly, on about 4 July 2024, [NAME]’s contractor replaced the shower surround.

21. There is no evidence that Apartment 1108 has leaked into the unit address since the repair was done.

Is the respondent liable for the leaking into the unit address?

22. It is not disputed that the unit address’s bathroom ceiling was periodically leaking.

__________________________________________________________________________________ 9055624 4

23. The applicant claims the leak came from the respondent’s apartment. It was an intermittent leak that probably coincided with when the tenant in 1108 used the shower.

Section 80(g) of the Unit Titles Act

24. Under s 80(g) of the Unit Titles Act 2010, unit owners must, “must repair and maintain the unit and keep it in good order to ensure that no damage or harm, whether physical, economic, or otherwise, is, or has the potential to be, caused to the common property, any building element, any infrastructure, or any other unit in the building”.

Discussion

25. [NAME] submitted that the applicant had not proved that the leak originated from Apartment 1108. The leak could be coming from common property or another unit.

26. However, [NAME] provided a statement from [NAME]’s Maintenance Technician, [NAME]:

Upon inspection, I can confirm that the leak is originating from the shower in Room 1108, specifically from the trap and downpipe area…

27. On the other hand, [NAME] did not provide evidence from a qualified contractor of any credible alternative source for the leak. [NAME] had its contractors attend on several occasions. If the contractors seriously doubted Apartment 1108’s shower was leaking, they presumably would have told [NAME] that, and [NAME] would have called them to give evidence. It did not do so.

28. The building manager emailed [NAME] on 10 April 2024:

29. The emphasis is added.

30. The owner of Apartment 1108, [NAME], was made well-aware of the leak from his apartment into the unit address.

31. The photographs and all the evidence are consistent with the building manager’s email stating the respondent’s shower was leaking. There is no evidence that credibly suggests a different source for the leak.

32. I am satisfied on the balance of probabilities that the leak to the unit address emanated from Apartment 1108’s shower.

__________________________________________________________________________________ 9055624 5

Conclusion

33. The respondent breached its duty under s 80(g) to ensure a need for repair did not damage or harm another unit.

Remedies

Work orders

34. It is appropriate to make an order that the respondent repair the applicant’s unit’s bathroom ceiling.

35. [NAME], of [COMPANY], who is a Certifying Plumber is concerned that the current repair is not permanent in nature. He said:

From my 20 plus plumbing experience, I would guess that the shower above had a leak within the cubicle that was tracking along the concrete floor, and dripping through the penetration. No leakage or water stains appeared to be on the actual pipe itself. It looks like this may have now been repaired with silicone, but in my experience this will not last, and advise a replacement of shower in room 1108 for a more permanent solution.

36. [NAME]’s comments, the respondent would be well advised to provide a copy of the report to its own contractors and ensure the repairs will last the test of time. If not, further repairs should be done immediately to ensure the leaking does not recur.

37. [NAME] asks for an order that the respondent ensure that any leaks from Apartment 1108 that may affect Apartment 1008 have been properly fixed. The respondent should have already done that. It is the respondent’s own best interests to ensure that the shower repair is to a good professional standard and that the repairs are not just temporary. I am content to make an order that the respondent ensures the leak repairs are properly completed, which is in both parties’ interests.

Cost of alternative accommodation

38. The unit owner’s father ([NAME]’s father-in-law) had to move to another apartment in [NAME] for about five nights at the cost of $575.00.

39. The cost is connected to the leak. I order the respondent to reimburse the application for this loss.

__________________________________________________________________________________ 9055624 6

Opportunity cost

40. The respondent lost the use of the unit while it was leaking.

41. I quantify the respondent’s opportunity cost at $250.00 per week.

42. I set the starting date for the weekly loss from 1 May 2024, which is 10 days after the applicant’s father vacated the premises. The applicant could, for instance have rented the unit out for profit by then if the unit was not at risk of leaking. The unit was obviously at risk of leaking for as long the repair to 1108’s shower had not been completed.

43. I set the end date for the calculation of weekly loss to 14 July 2024, which is 10 days after 1108’s shower repair was completed. The applicant could have, for instance have rented the unit out by then.

44. [NAME] was unaware of the repair. [NAME] did not tell him (as would have been sensible and courteous). [NAME] did not enquire about the progress of the repair or check the unit to see if it was still leaking (as he should have to mitigate his loss). If the applicant had taken the reasonable step to limit the damage or loss of asking [NAME] about the progress of the repairs or monitored whether the leaks were continuing (for example by putting a container to catch leaks under the crack through which the water was leaking), he would have been able to fully use the premises by about 14 July 2024.

Plumber’s invoice

45. The Tribunal orders the respondent to reimburse the applicant $230.00 for the cost of a plumber’s report that confirmed that there were no evident leaks from Apartment 1108’s shower (although he guessed that the leak may have been repaired by silicone and suggested a complete shower replacement for a more permanent solution).

Legal costs

46. [NAME] obtained some legal advice for his claim at a cost of $402.50. He also sought reimbursement for his own time.

47. The Tribunal does not have jurisdiction to order costs where the party is not legally represented in the Tribunal.1

1 Residential Tenancies Act 1986, s 102(2)(b).

__________________________________________________________________________________ 9055624 7

Filing fee

48. The Tribunal orders the respondent to reimburse the applicant for the filing fee because the applicant has substantially succeeded in his claim.2

[NAME] 13 February 2025

2 Ibid, s 102(4)(b).

__________________________________________________________________________________ 9055624 8

Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS MATTER PLEASE CONTACT UNIT TITLE SERVICES [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE TARI UNIT TITLE SERVICES [PHONE].

AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE UNIT TITLE SERVICES [PHONE].

Rehearings:

You may make an application to the Tenancy Tribunal for a rehearing. Such an application must be made within five working days of the order and must be lodged at the Court where the dispute was heard.

The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).

Right of Appeal:

If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.

However, you may not appeal to the District Court:

1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the

amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work

that would be in dispute on appeal is less than $1,000.

There is a $200.00 filing fee payable at the time of filing the appeal.

Enforcement:

Where the Tribunal made an order that needs to be enforced then the party seeking enforcement should contact the Collections Office of the District Court on [PHONE] or go to www.justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc:

Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

http://www.justice.govt.nz/fines/civil-debt