That applies to you especially if you are a landlord. One of my unbelievable stories is from a landlord who claimed compensation for water damage in the bathroom from the former tenant. As experienced reader you know the RTA. It says in section 40(4) “Where any damage to the premises is proved to have occurred during any tenancy to which this Act applies, it shall be for the tenant to prove that the damage did not occur..”

So, if you can give evidence about the damage, it shouldn’t be a problem to get compensation – right? The landlord thought so, too – wrong!

During the hearing the adjudicator replied – if the applicant (landlord) can prove that the tenant “has seen” the damage she would be responsible for the damage occured.

What the story tells – it is not so relevant how you understand the law.

Hope your next case is biased in your favour.

Stay safe.

Klauster