The Tenancy Compliance and Investigations Team (TCIT) in the Ministry of Business, Innovation and Employment (MBIE) opened an investigation into the tenancy after receiving a complaint in August 2023 from an employee of a social assistance provider.

The tenant lived in a dwelling on the landlord’s property from May 2021 until March 2024. The complainant believed the tenant’s serious health issues were made worse by the state of disrepair at the property. They noted the tenancy arrangement was intended to be temporary while a permanent fit-for-purpose cabin was built, and that the landlord was asked on multiple occasions to complete maintenance work, but little action was taken.

TCIT visited the property and identified multiple issues, these included visible mould, no underfloor insulation, and numerous holes in the walls and ceilings. There were also damaged windows with rotten frames, signs of roof damage, visible vegetation on the guttering and electrical cables outside the house that were exposed to the weather.

The tenant told TCIT investigators the floor was uneven and had flooded in the lounge due to a cyclone. She advised that she had a tenancy agreement but did not pay a bond to the landlord, who did not inspect the property and failed to follow through on promises to help address some of the issues she had identified.

The landlord admitted on more than one occasion that the property was not fit for human habitation, that it had been empty for years for a reason and was never intended for anyone to live in.

TCIT took the case to the Tenancy Tribunal and the Tribunal issued an order following successful mediation between the parties, where the landlord accepted that he had breached multiple sections of the Residential Tenancies Act. This included failing to state that he will comply with the healthy homes standards in the tenancy agreement, failing to insulate the property to the required standard, and failing to provide and maintain the premises in a reasonable state of repair.

TCIT National Manager, Brett Wilson, says all landlords have obligations they must meet under the Residential Tenancies Act, which includes ensuring the property is provided and maintained in a reasonable state of repair.

“These obligations are not optional; they are a legal requirement. It is not an excuse for the landlord to say they had not intended to rent out the premises, the fact is they did and that means they have a responsibility to comply with the Act.

“Despite raising multiple issues with the landlord, who is also a family relative, these matters were either ignored or not fully resolved. In one instance, on being advised there was a large gaping hole in the end room, the landlord said he told the tenant to close the door and not to use the room as a living space,” Brett Wilson said.

The Tribunal adjudicator was satisfied these unlawful acts were committed intentionally and ordered the landlord to pay $5,900 in exemplary damages to the tenant and reimbursement of the application filing fee.

The adjudicator also ruled that the landlord’s name be suppressed, noting they fully engaged with the tribunal process, including mediation, and that any publication may lead to the identification of the tenant. The adjudicator noted this has been a learning process for the landlord and his family, and it is not likely that such a situation will occur again.

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