Landlord must pay tenant for gas, water leak

AN Auckland landlord has been ordered to pay $3000 to a tenant over a gas leak in a child’s bedroom that was left unfixed.

A recently released Tenancy Tribunal decision said the tenant, whose name is suppressed, had told her landlord she could smell gas in her daughter’s room in the Pakuranga rental.

However, it wasn’t until over a week later that the leak was assessed – after the tenant contacted Vector herself.

A text message from the tenant to landlord Caren Dang, also known as Nicole Dang, showed the tenant was worried about her daughter’s health.

‘‘It’s strong in the morning. I’ve been informed to get a gas fitter in to check. Something’s not right, it’s a disgusting smell.’’

The tenant claimed her daughter would wake in a lethargic state. Some days she could not attend school, and required medical consultations.

The tenant said she was advised the gas leak was a health and fire risk.

Dang said someone went to the premises but could not find any problems.

The tribunal’s decision said a plasterboard screw had penetrated the gas pipe.

A damaged section of the pipe was then cut out and repaired.

The tribunal said the leak presented a significant safety risk.

‘‘I consider that a reasonable landlord, when notified by the tenant of a potential gas leak, would have arranged for a properly qualified person to attend and assess the premises, without any delay,’’ it said.

The tenant had also complained of a water leak from plumbing in the unit above. It was fixed but the ceiling hole was not repaired until months later. The tenant claimed she was unable to use the kitchen for a week, as it was ‘‘a dusty and unsanitary area and there was an odour from the toilet pipe above’’.

The tribunal ordered Dang to pay $600 in compensation for the ceiling hole, and $3000 in exemplary damages for the gas leak.