Rental home leak ‘like a waterfall’

[and ruined] towels which they had to keep rolled-up along the skirting boards in the kitchen, the master bedroom, and their son’s room, to soak up the water.’’

Even though the landlords spoke to the electrician and engaged a roofer who said the leak over the kitchen was particularly bad, the couple lived in those conditions for six months before the roof was fixed.

Landlords Mario and Nina Gude agreed the property had leaks and needed repairs but said a lack of tradespeople in the Bay of Plenty meant they could not fix the roof promptly.

The tribunal heard the dampness caused mould; the tenants had to discard furniture, clothing, personal possessions and books.

‘‘They suffered illness; Mrs Fawcett suffered chronic sinus infections, Mr Fawcett was hospitalised with a chest infection and the children were constantly ill. Their daughter is a type 1 diabetic who is insulin-dependent.

‘‘The recurring failure of the refrigerator meant that they could not be confident her supplies remained safe.’’

The landlords told the tenants the leaks had never happened before and only occurred when it rained on a certain angle.

The tribunal ruled that in no circumstances was it acceptable for a tenant to be expected to live in such conditions. The landlords supplied a dehumidifier and offered a rent reduction, which the Fawcetts declined because they wanted to work with the landlords to provide a safe long-term home. They were unable to find an alternative property due to a regional shortage.

Before the roof was fixed in September 2017, the landlords advised the tenants they were selling the house and terminated the tenancy.

Gude said the cost of repairing the roof had forced them to sell.

The tribunal awarded the tenants $4200 for loss of utility as they were unable to use the power in one part of the house and the loss of possession to mould and dampness, and $2000 compensation for stress and harm to the family’s physical and mental health. insulin