A hole was discovered in the floor of Paula’s* rental property. Damage to the carpet, particle board floor and timber door jamb had been caused by an on-going ranch slider leak. A builder confirmed the water damage had occurred over many months.
Paula said the damage was hidden – you couldn’t see it unless you pulled the carpet up, and the tenant hadn’t told her about the stained carpet until it was too late. It is not the discovery, but the cause of damage that must be sudden. Paula became aware of the damage “suddenly”, but the cause of the damage was gradual. Paula had not established a claim for sudden damage.
Complaint not upheld.
*Names have been changed.