Water Damage: Can Tenants Claim Compensation? Lawyer's 4 Tips to Avoid Landlord Disputes

A super typhoon recently struck Hong Kong, bringing destructive winds and torrential rain that caused severe damage across the city, including flooding in many residential areas. One tenant shared their frustrations on social media, revealing that their rented unit suffered serious water damage. The balcony items were submerged, and water continuously seeped into the interior of the unit. They hoped the landlord would take full responsibility for the losses.

A practicing lawyer pointed out that landlords are typically responsible for structural issues and basic facilities, while tenants are accountable for problems related to usage. To determine liability, it’s crucial to identify the cause of the water damage. The lawyer suggested hiring an independent surveyor to assess the issue impartially.

The Tenant’s Perspective

The tenant posted a video on social media showing ankle-deep water on their balcony. They claimed they had moved most items indoors before the typhoon struck, but the heavy rain caused water to seep into the home, damaging multiple belongings. They questioned whether the landlord could be held accountable for the damages caused by the flooding.

Mixed Reactions from Netizens

The post sparked heated discussion online. Some commenters suggested that the tenant’s belongings on the balcony might have obstructed the drainage system, contributing to the flooding. Others argued that landlords are not responsible for items stored outdoors. In fact, some noted that the landlord could counterclaim mismanagement, stating that the drainage was functional before the unit was rented out.

Another group of commenters highlighted that if the balcony is an illegal structure (unauthorised building work), the tenant could secure a structural engineer’s report proving that the flooding was caused by this issue. This would shift the liability to the landlord. Others recommended tenants check their home insurance policies for potential compensation.

Landlord’s Responsibilities

According to practicing lawyer So Man-kit, most tenancy agreements clearly outline that landlords are responsible for structural maintenance, such as waterproofing for external walls or balconies. However, tenants are usually accountable for day-to-day maintenance, such as clearing blocked drains caused by hair or debris. If the lease terms are unclear, determining liability would require expert analysis to identify whether the flooding resulted from structural issues or tenant negligence.

Force Majeure and Shared Negligence

So also emphasised the legal concept of shared negligence. For instance, if the landlord failed to maintain the waterproofing, but the tenant’s clutter exacerbated the flooding, both parties might share responsibility for the damages based on their level of negligence. However, if the flooding was purely caused by extreme weather or other force majeure events, and no negligence can be proven, pursuing compensation may not succeed.

In cases where unauthorised building works, such as illegal balconies, contribute to flooding, the party responsible for constructing the structure is typically liable. If the unauthorised work existed before the rental period, the landlord bears responsibility. If it was added by the tenant during the lease, the tenant would be liable.

To address and avoid disputes over water damage, So provided the following recommendations:

1. Document Evidence Promptly: Take photos or videos of the flooding and damaged items, and keep all repair invoices as evidence.
2. Check Insurance Policies: Verify whether home insurance can cover the damages and notify the insurer within the required timeframe.
3. Hire an Independent Surveyor: Both parties can jointly appoint a neutral expert to investigate the cause of the flooding and provide an unbiased assessment.
4. Clarify Responsibilities in the Lease Agreement: When signing a lease, ensure all responsibilities for maintenance and repairs are clearly outlined. Regularly inspect drainage systems and waterproofing to prevent future issues.

Legal Recourse Options

If disputes cannot be resolved amicably, legal action may be necessary. Su explained three main options:

1. Lands Tribunal: Handles tenancy-related disputes, such as assessing the habitability of a unit or terminating a lease.
2. Small Claims Tribunal: Deals with monetary claims of HK$75,000 or less. This process is straightforward and doesn’t usually require legal representation.
3. District Court: For claims exceeding HK$75,000, the case must be brought to the District Court. However, this involves more complex procedures and higher legal costs, often necessitating professional legal representation.

Key Takeaways

Extreme weather, aging buildings, and large-scale construction projects have led to an increase in water damage incidents in recent years. To minimise losses and disputes, tenants and landlords should:

1. Act quickly in emergencies e.g. cut power, move valuables, document damages.
2. Maintain open communication and clarity in lease agreements.
3. Seek professional assessments and legal advice when necessary.
By following these steps, both parties can better navigate disputes and protect their interests.

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