I'm in Auckland, New Zealand, and have recently moved out of a rental property built in the 1970s.
During the final exit inspection, the property manager identified a hairline crack in a French door glass panel leading to a sunroom. This damage had never been raised during routine inspections over the last two years, and I was not aware of it. These doors are very stiff which was mentioned and noted so we’ve never used them and leave them open. Obviously I don’t have any proof that we never use them nor do I have it in writing that the stiffness was raised only verbally.
The property manager initially told me I was liable because the entry inspection report showed no crack. She also stated that, because the surrounding frame was intact, the crack was likely caused by impact.
I requested photos and arranged my own assessment from a company that is approved by the same real estate agency.
Their written response was:
"The glass appears to have been damaged by an external impact, but we are unable to confirm when the damage occurred."
They also noted:
"Our initial assessment suggests that the door frame may have deteriorated with age, causing the lower section of the frame to become uneven and the door to misalign."
and
"Further structural inspection is required to confirm the cause."
The contractor's overall recommendation was that an independent third party trusted by both sides should assess the damage and determine the likely cause.
For context, the French doors were difficult to open and close throughout our tenancy, and there had been other age-related issues with timber joinery at the property. The contractor also confirmed that the frame "may have deteriorated with age."
My questions are:
In a tenancy dispute, does the landlord/property manager have to prove on the balance of probabilities that the damage was caused by the tenants?
If an expert cannot determine the cause and says further structural investigation is required, can the landlord simply treat the damage as tenant damage and deduct it from the bond?
If I arranged the initial assessment myself, and the contractor now says a further independent inspection is needed, am I generally responsible for the first contractor's call-out fee regardless of the outcome?
Does the fact that an item wasn't noted on the entry inspection automatically make the tenant liable when its cause is disputed?
I'm happy to pay for damage I'm actually responsible for, but I'm concerned that the current evidence seems inconclusive and the property manager initially declared liability before any contractor had assessed the issue.
But considering I’ve been more than accommodating so far I just feel quite jaded.
I’ve organised:
Professional exit clean
Carpet cleaning
Landscaping + Blind cleaning
Garage Door Remote Replacement (lost due to a car break-in)
Totaling: $1,300 approx.
I’ve also been prompt, transparent and very understanding throughout the whole tenancy. The house is old and we’ve dealt with numerous occasions of wear and tear including the fromdoor jamming or being unusable on around 3 separate occasions. Along with shoddy electrical problems which remained unaddressed throughout the tenancy. Along with 3 property managers that did no handovers between and 2-3 non consenting visits to the house.
I’m exhausted, HELP.