Appeal could ruin leaky home couple

By BERNARD ORSMAN

A couple whose home has been ravaged by mould and rot fear financial ruin after putting their faith in the Government's leaky home resolution service.

They now face a costly court battle.

"It has been costly and a waste of time," the wife, a dental nurse, said.

Waitakere City Council is appealing against a Weathertight Homes Resolution Service decision that it pay the couple $40,022 in damages.

The west Auckland woman yesterday said the appeal would cost thousands on top of legal bills of $16,000 to go to adjudication.

Her husband was rushing home from a contract job in England to deal with the emotional and financial implications of the latest setback.

She feared they would come out of the "nightmare" with no money to fix her first home.

The couple bought the stucco-clad house six years ago. A year later it began to disintegrate.

An Internal Affairs Department spokeswoman said the couple were on their own in the appeal case brought by the council.

The Weathertight Homes Resolution Services Act stops providing help for the owners of leaky homes at the adjudication stage.

The act also makes it difficult for adjudicators to award costs.

Adjudicator John Green said the couple's case had been a "most unpleasant and expensive saga" but under powers in the act it was not appropriate to award costs.

The council's decision to appeal arises from concern that leaky building owners will be able to claim millions of dollars in compensation from councils. The service has 2143 claims worth up to $1 million each.

Legal service manager Denis Sheard said it was unfortunate the couple's case was the first to come through the resolution service, and the council was looking at providing them with some help.

Mr Green found that senior building inspector John Cox's inspection and approval of the house was negligent. The council was entitled to claim $32,017 of the $40,022 awarded in damages from the builders, Insar Manu and Christine Tennent, who claim not to have any money.

Dispute resolution

* The Weathertight Homes Resolution Service has received more than 2000 claims for leaky buildings, 168 in Waitakere City.

* The service inspects properties and reports on possible causes and estimated repair costs.

* Once homes have been assessed, affected homeowners can move to voluntary mediation or compulsory adjudication.