Redress for tenants over dodgy rentals

Windowless bedrooms being rented out in Wellington City are not legal dwellings, according to Tenancy Services, and tenants who have lived in them could claim their money back for as many as six years after they’ve moved out.

A student flat in the central suburb of Te Aro, which one viewer described as ‘‘a dungeon’’, caused a bit of an uproar when Isaac Kirkwood, originally from Auckland, and his three Toi Whakaari classmates listed it on Vic Deals for $815 per week.

The second-year students are looking for a group to take over their lease on the four-bedroom loft in a yellow-stickered building with no heating, broken windows and, in some cases, curtains instead of bedroom doors.

After it was advertised, many people wondered: Is that even legal? The short answer is no.

Landlords of rental properties must comply with all regulations that state that every ‘‘habitable room’’ must be provided with one or more windows situated in an external wall so that there is adequate light.

Just one of the four bedrooms in the Marion St flat has a window, and it doesn’t close.

‘‘Properties must meet all legal requirements before being rented out,’’ said Steve Watson, national manager of the Tenancy Compliance and Investigations team at Tenancy Services.

The requirements – which also include bedrooms having a minimum width of 1.8m, a minimum floor-toceiling height of 1.5m and an area of 6sqm – are legally binding conditions.

So the Marion St property is not legal, said property management consultant David Faulkner.

‘‘There are a few issues going on here, but the obvious one is that every bedroom has to have a window,’’ he said.

The departing tenants, second-year students at Toi Whakaari, said the appeal of the building was its proximity to Courtenay Place and the university campus. It was also good for holding parties for up to 300 people, Kirkwood said.

The property was previously managed by Riverstone Property Management, but was taken over by Quinovic Thorndon two weeks ago.

Paul Chapman, chief operating officer of Quinovic, said the branch was working with the owner to ensure the building became compliant with Healthy Homes regulations within the

required timeframe.

The manager at the Quinovic branch letting the flat said that the property was now vacant and was not being advertised, Chapman said.

The manager would be visiting the flat today.

There is a relatively new section in the Residential Tenancies Act – section 78A – about what the Tenancy Tribunal or its adjudicators can do when they make rulings against unlawful residential dwellings.

‘‘In a case like this, if the tenants went to tribunal, there’s every possibility that they could receive a full refund of their rent,’’ Faulkner said.

‘‘If there’s one bedroom with a window, it’s a one-bedroom property. So if you advertise it as a four-bedroom property, what the adjudicator may say is you’re overcharging.’’

If that happens, the owner could be ordered to refund the balance of the differing market values to the tenants.

‘‘How much compensation they can get will be determined by the adjudicator based on several factors including how much rent the person is paying and how long they have been living in the property,’’ said Penny Arthur, Tenants’ Protection Association manager.

Tenants can make an application for a property they no longer live in, for up to six years after they have moved out. The tribunal can also award exemplary damages where there is a serious breach by the landlord which amounts to an unlawful act but a claim has to be made within 12 months.

‘‘It’s important for the tenant to take evidence with them, including a copy of how the property was advertised so it is clear the room was included as a bedroom/living space, photos of the room, and how it is impacting on them,’’ Arthur said.

‘‘This listing really shows the lack of affordability here in Wellington, $815 a week to not have doors or windows in your ‘‘bedroom’’ is outrageous, but unfortunately this is the reality of the choices available for students,’’ said Hannah Flemming, spokesperson for Victoria University of Wellington Students’ Association.

Wellington City Council said the building was lawfully established for residential apartment use in 1992.

‘‘Properties must meet all legal requirements before being rented out.’’ Steve Watson

Tenancy Services