Compensation for tenant who paid $730 a week for a damp, leaking rental

A cancer survivor whose health was made worse by the state of the rental in which she and her children lived has been awarded almost $8000 in compensation.

The bulk of the Tenancy Tribunal’s order was compensation for $730 rent paid weekly on the mouldy, cold and leaking home.

Defects in the home meant the tenant’s six children had to sleep in her bedroom.

The tribunal’s award of $5700 in rent compensation also addressed the loss of use of three bedrooms in the home, because of mould.

The tenant also received $1107 compensation for a caravan on the property for which she was charged $30 a week, but had for only two weeks. She was awarded a further $1000 for the landlord’s failure to do repairs, and for damage to personal items from mould.

The tribunal said in its decision released in February that the health of the tenant and that of her youngest child was made worse by the home’s cold and damp conditions.

The tenant, whose name and details were suppressed, applied for breach of Healthy Home Standards, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy in late October 2021.

The landlord submitted that there was no intention to breach the standards or cause harm to the tenant’s health, and instead blamed the inexperience of the property manager handling the property at the time the tenancy started.

The family had lived in the home for just over a year.

The tenant claimed the landlord did not comply with the regulations due to leaks in the lounge and ceilings of rooms at the back of the home. Along with the rooms being mouldy and draughty, the tenant also claimed some areas of the house began to smell bad and dripped when it rained.

The landlord was notified in December 2020 – two months after the family moved in – and did not fix the leaks until March 2021. The leaks would have contributed to the cold, damp and mouldy conditions of the house, the tribunal said.

There were also windows in three of the bedrooms which could not be closed due to water damage and broken latches. Draughts through the ceilings and windows prevented the tenant from using three of the bedrooms over the winter, during which time she was in out and out hospital.

The tenant, a cancer survivor described as having a vulnerable immune system, also suffered from asthma. Her youngest child had croupe and bronchiolitis.

Medical evidence confirmed the tenant’s health was impacted.

In July last year the tenant sent a 14-day notice requesting the landlord to repair the windows and ceilings. The landlord said the latches were fixed last August, and claimed they tried to fix the windows in July, but lockdown occurred.

Auckland went into lockdown on August 18 last year.

“In considering the evidence, I am satisfied that it was more likely than not that the three bedrooms had damaged windows which rendered the rooms inhabitable due to the safety and health hazards.

“It also meant the house was never secure because the windows could not lock,” the tribunal said.

The tenant was said to have felt “ignored a lot” by the landlord and the delay in repairs substantiated this claim, the tribunal said.

“Auckland was in Covid Alert Level 1 from 12 March 2021 to 17 August 2021, so the tradesmen had months of access to fix these issues in a timely manner.”

The element of intention was not established so the tenant’s claim for exemplary damages was dismissed.

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