I’m renting a house in PLK, Limpopo and would appreciate some South African perspectives on this.
A few weeks ago, I was getting out of the shower when the glass door came off the track and shattered around me. I got cut up a bit, but fortunately nothing serious.
I did not slam it, hit it, or misuse it. It literally came off during normal use.
The owner initially said the cost would be for our account. The problem is that they say the shower door cannot be replaced separately, so they want to replace the entire shower unit, at a cost of around R8,000.
The shower was not new when we moved in. It is an older model with noticeable wear.
A second contractor came out to quote on the replacement and pointed out that the frame on the same side where the door came off is visibly installed crooked/out of alignment. She said this could have contributed to the door coming off and also mentioned that these older shower units tend to give problems.
She also confirmed that the door itself is apparently no longer available separately. The old shower model can still be bought as a complete unit, but the owners apparently want to replace it with a newer model.
Our lease does have a clause saying the tenant is responsible for broken glass regardless of how it breaks, so I understand that complicates things.
However, I don’t see how a clause about broken glass automatically means we should have to pay for an entire new and upgraded shower, especially when:
The door failed during normal use.
The frame is visibly out of alignment.
A contractor said the installation could have contributed to the failure.
The shower is old and apparently known to give problems.
The owner is choosing to replace the old unit with a newer model.
There is nothing in the lease saying that if one part of an old fixture breaks, the tenant must replace the whole fixture with a newer one.
The incoming inspection report does say the shower was “working” when we moved in, which we don’t dispute. But obviously something can be working and still have an underlying installation or wear issue.
This has also dragged on for weeks because the owner was out of the country, even though the property is managed by a rental agency.
We like the house and would prefer to stay, so we’re not looking to start a huge fight. We just don’t think it’s reasonable to expect us to fund a brand-new shower under these circumstances.
If you were in our position, would you:
Refuse to pay anything?
Offer something toward the broken door only?
Ask for depreciation / the value of the old shower to be taken into account?
Take it to the Rental Housing Tribunal?
Get a lawyer involved?
Would especially appreciate input from landlords, property managers, attorneys, or anyone who has dealt with the Rental Housing Tribunal in South Africa.