‘Dangerous’ flat costs landlord $25,000
A landlord of a basement flat ruled ‘‘unlawful’’ by the Tenancy Tribunal has been ordered to pay a former tenant more than $25,000 in compensation.
The flat, rented out by Dunedin’s Quenton Donald, was ruled ‘‘dangerous and insanitary’’ by the Dunedin City Council, which inspected the property in June last year.
The council was prompted to investigate after the tenant’s health deteriorated to the point that he was admitted to hospital because of his living conditions.
A council report said the basement flat had no ventilation and the carpets were rotting.
The tenancy began in April 2019 for a three-year fixed term but ended in June last year when the council inspection resulted in a dangerous Building Act Notice being issued.
The council found a door had been installed into the property’s fire wall, and structural piles to the basement had been removed and support beams installed without a building consent.
Donald told the tribunal he had done no work or repairs on the basement flat since he bought the property in 2012.
He said as the flat was already rented out when he bought the two-storey house he had assumed it was up to standard.
But tribunal adjudicator Jane Wilson said that although Donald may not have undertaken the original work, he continued to rent the premises to the tenant.
Donald was also accused of harassing him. There were six units, and he would visit most weekends for maintenance work.
The tribunal accepted the tenant’s claims of harassment, but since no compensation was sought, no additional money was awarded.
The tribunal’s compliance and investigation team found Donald owns five other properties, three in Dunedin and two in Hamilton.
He has had previous dealings with the team about nonlodgement of bonds, smoke alarms and insulation certificates.
The tribunal ordered Donald to pay $24,300 compensation for the rent the tenant had paid.
Donald must also pay $680 for lost wages because the tenant had to take a week off work to find new accommodation when the council ruled the property was dangerous.