Eviction after insulation query

A family with three young children say they have been evicted after asking when insulation would be installed in their east Auckland rental property.

The mother said they received a letter from their property manager a few days before the deadline for landlords to install ceiling and underfloor insulation, informing them that their tenancy would be terminated in 90 days’ time.

The only reason given was that the landlord wanted possession of the property.

When contacted by Stuff, the landlord claimed it was due to planned renovation works.

But the tenant, whose children are aged 5, 1, and 3 months, said she had been on good terms with her property manager, so the sudden eviction left her perplexed.

She and her partner believed they were being forced out of the property, in Pakuranga Heights, because the landlord didn’t want to bring it up to the standards that came into effect on Monday.

The woman said the last time she had heard from the property manager before they received the eviction notice was in early May when she emailed to ask when the house would be insulated.

Emails seen by Stuff showed the property manager replied the same day saying she would follow up with the landlord.

The tenant said she notified the property manager last winter that the house was mouldy, and was told to open windows.

The couple was considering applying to the Tenancy Tribunal to request the $4000 from the landlord for failing to install adequate insulation by the July 1 deadline.

‘‘It’s not fair. I don’t think they should get away with it. We pay $560 a week, so in a year we’ve paid $27,000. For them to not want to insulate the house . . . it doesn’t weigh up,’’ the mother said.

The landlord said she had planned to rebuild the house for some time but had only just told the property manager.

Auckland Tenants’ Protection Association co-ordinator Angela Maynard believed tenants evicted by landlords who didn’t want to insulate a property could make a case for retaliatory notice.

A retaliatory notice is where a landlord issues a tenant with an eviction notice in retaliation to a tenant standing up for their rights. It is illegal and the landlord can be forced to pay compensation.

‘‘It’s not fair. I don’t think they should get away with it.’’ Pakuranga Heights tenant