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Rodents crept in via holes: Auckland tenant victory

Author
Anne Gibson, NZ Herald,
Publish Date
Wed, 13 Jul 2022, 3:52PM
The units at 28 Ladies Mile, Remuera shown here to the right. Photo / Google Maps
The units at 28 Ladies Mile, Remuera shown here to the right. Photo / Google Maps

Rodents crept in via holes: Auckland tenant victory

Author
Anne Gibson, NZ Herald,
Publish Date
Wed, 13 Jul 2022, 3:52PM

Rodents were allowed to enter an Auckland flat in an upmarket suburb via holes in the kitchen ceiling and wall, by the front door, in the bathroom and laundry.

No hot water, a leaking gully trap and electrical problems meant the Remuera place didn't comply with the law.

So the tenant took her landlord to the Tenancy Tribunal and won $1094 as well as name suppression - a new move only allowed after the Governments February 2021 reform of the Residential Tenancies Act.

But the home's managers and owners were named: Mog, trading as Angel Property Managers, acting for owners Helen Wei-Lun Chen and Ted Chiung-Ying Chen.

The tenancy began last April and was due to finish this April but ended last December when the tenant asked to be able to leave.

The tribunal said holes in walls existed at the start of the tenancy. Some allowed access for rodents. The landlord knew about those rodent issues because they contracted a pest control company which visited on three occasions.

Yet the landlords didn't fix those holes and one got bigger during the term of the tenancy.

"The holes would have contributed to the rodent problem and material fell from the hole in the kitchen ceiling," the tribunal noted.

Whether the rodents were rats or mice was not specified.

There was no hot water at the place when the tenancy started on April 9 last year. That was fixed on April 13.

Soon after arriving, the tenant noticed small pieces of food spilling on the driveway in the wastewater from upstairs when those people did their dishes.

So she reported that but was told it was grey water spilling on to the driveway and not wastewater.

She was told to flush the small pieces of food away with buckets of water. As well as the inconvenience of cleaning the driveway, the tenant said she smelled rotten food.

It was only after Auckland Council became involved that the landlord addressed the issue. The gully trap was repaired in December, days before the tenant moved out.

The landlords won $4105.80 for lock/key replacement, to disarm locks. They told the tribunal they needed that for compensation for the cost of disarming locks in the bedroom and hallway, installed by the tenant.

The tenant said she had indeed done that. Shortly after she moved in, the Police had arrived looking for a former tenant.

The tenant also mentioned someone trying to push in the bathroom windows.

She asked for locks to be installed because she was concerned for her safety.

But the landlord denied there was a call about her safety.

Angel Property said manager Robyn Marie-Case was on annual leave so could not respond to media inquiries about the matter.

Rodents have caused problems for other tenants elsewhere.

The Herald reported on an Auckland woman who says she was forced to eat takeaways after rodents infested her rental property.

Her Sandringham place lacked insulation, had a leaky roof and the problem with mice in the kitchen so the woman won $1765 from property managers Crockers Body Corporate Management. There were holes and gaps in the kitchen's lining which meant rodents could get into cupboards and drawers.

Another tenant, Ataoletaeao Kelly Tigifagu, won more than $22,000 compensation after renting in Glen Eden where the property was mould-infested, riddled with holes, leaks, rats and fleas.

Mystery leaks at water pipes in the ceiling of a Mt Wellington house caused problems. Landlord John Hatton of Kohimarama said he was puzzled to find water leaking from the mains pipe in the roof of his brick-and-tile renter.

Five times in the few weeks, tenants have called him to the solidly built house to repair leaks in the plastic pipes but when the mains pipe in the ceiling burst, causing extensive water damage, he really began to fret.

"It was devastating - it was as if someone had climbed into the roof and turned a garden hose on. You can imagine the damage," Hatton said.

When he made a close inspection of the damaged pipes, he noticed marks which indicated that the pipes had been chewed through.

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