South Auckland tenant awarded $7k over illegal bedroom, roof leak, no insulation – Stuff.co.nz

A pair of landlords have been ordered to pay their tenant $7020in compensation and rent rebates after renting out a property with an illegal bedroom, a leaking roof and no insulation.

Tenant NawalKishoresaid the roof leaked at the Papatoetoe, south Auckland property for more than a month, causing "significant mould".

He told the Tenancy Tribunal the property, for which he paid $650 per week in rent, also suffered from damp conditions, especially in the third and fourth bedrooms.

The Tenancy Tribunal said the leak caused mould, dampness and "unhealthy living conditions" for Kishore and his family.

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"The tenant's chattels have also been damaged due to the failure by the landlord to maintain the premises in a reasonable state of repair," it said.

Kishore claimed his landlordsShantilal Jattan and Manjula Jattan, trustees for Jattans Family Trust, had also failed to insulate the property.

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A roof leak at a Papatoetoe property caused mould, dampness and unhealthy living conditions for a man and his family.

Insulation has been compulsory in all rental homes, except where installation is impossible, sinceJuly 1, 2019.

Since the requirements came into effect, the Ministry of Business, Innovation and Employment (MBIE) has received a total of 394 "inquiries" from tenants nationwideclaiming a landlord breach in relation toinsulation.

The tribunal said the trusthad not provided any evidence to indicate it had complied with mandatory insulation requirements.

It awarded Kishore a total of $2000in compensation for the leaking roof and the damage it caused, and a further $2000 in exemplary damages over the lack of insulation.

Kishore also received $4350 as a rent rebate for the 87-weektenancyas the landlord had rented out a fourth bedroom which was not legally consented as one.

The Tenancy Tribunal said the fourth bedroom had been converted from a sitting/rumpus area.

Auckland Council had only consented the property as a three bedroom. The fourth bedroom did not have "adequate protection" against the elements, insulation or a proper ceiling.

"The property should not have been rented out to the tenant at all as a four bedroom house," the tribunal said.

Kishore himself was ordered to pay his landlord $1330 for rubbish removal, repairs to the front sliding door, carpet cleaning and one week's rent in lieuof 21 days notice.

The landlord also claimed Kishore was subletting the property and sought compensation and exemplary damages asKishore was allegedly using the grounds of the property as a "demolition yard". Both of those claims were not proved.

The tribunal said Kishore had parked his work vehicle a tow truck at the home, and sold used chattels and vehicles, which was his right.

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South Auckland tenant awarded $7k over illegal bedroom, roof leak, no insulation - Stuff.co.nz