We successfully represented a landlord in an action for damages arising from the tenants’ negligent and improper use of leased premises in the Magistrates' Court of Zimbabwe.
The landlord instituted proceedings after discovering that the tenant had caused extensive damage to the property during the subsistence of the lease agreement. The damage included broken fittings, structural alterations, and general deterioration of the premises far exceeding fair wear and tear. Despite demand, the tenant failed and/or neglected to make good the damage or compensate the landlord.
In its claim, the landlord relied on both the express terms of the lease agreement and the common law duty imposed on tenants to take proper care of leased property and to return it in the same condition as received, save for reasonable wear and tear. The landlord led evidence demonstrating the condition of the property prior to occupation, the extent of the damage upon termination of the lease, and the costs incurred in restoring the premises.
The tenants opposed the claim, contending that the damage was pre-existing and any other constituted fair wear and tear. They further challenged the quantum of damages claimed by the tenant.
The Court found in favour of the landlord, holding that the tenant had breached both its contractual and common law obligations by failing to take reasonable care of the premises. The Court accepted the landlord's evidence on the condition of the property at the commencement and termination of the lease, and rejected the tenant's assertions as unsupported.
The Court held that the damage complained of went beyond fair wear and tear and was attributable to the tenant’s conduct. The landlord was accordingly awarded damages for the cost of repairs, together with costs of suit.
This judgment reaffirms the principle that tenants bear a duty to maintain leased premises in a proper condition and will be held liable for any damage arising from their negligence or misuse of the property.
