Plants seen growing into a rental property owned by Leng Minn Kit in Beach Haven, Auckland. Photo / Ministry of Business, Innovation, and Employment
Plants seen growing into a rental property owned by Leng Minn Kit in Beach Haven, Auckland. Photo / Ministry of Business, Innovation, and Employment
A landlord has been fined after renting out an Auckland flat with heavy mould and algae, outside plants growing into the building, and a constantly dripping shower that led to sleep deprivation.
Leng Minn Kit was ordered to pay more than $4000 to the Ministry of Business, Innovation and Employment for multiple breaches of the Residential Tenancies Act 1986 after failing to maintain his Beach Haven rental or comply with an improvement notice.
Kit’s North Shore property, a converted garage rented to one tenant for more than 15 years, was found to have heavy black mould and algae, swollen skirting boards, and deteriorating window frames during a November 2022 visit by MBIE’s tenancy compliance and investigations team.
Internal mould on the window frame of a rental property owned by Leng Minn Kit in Beach Haven, Auckland. Photo / Ministry of Business, Innovation, and Employment
The unit showed signs of moisture ingress and a leaking roof which entered the ceilings throughout, while plants were seen growing from outside into the flat, according to the ministry.
Broken guttering was observed, along with a shower with a constant, loud drip onto a stainless-steel tray.
The tenant said the constant dripping noise significantly impacted their ability to sleep and forced them to shower at their workplace, and they had told the landlord about this issue for years.
Plants seen growing into a rental property owned by Leng Minn Kit in Beach Haven, Auckland. Photo / Ministry of Business, Innovation, and Employment
Kit was given an improvement notice in February 2023 which told him to resolve these issues by May of that year and did not dispute them in an interview with the investigation team, said national manager Brett Wilson.
“Mr Kit did not lodge an objection to the improvement notice when it was issued, nor did he seek an extension to the improvement notice compliance date.”
The landlord sent photos of repairs to the team two days before the deadline, but a visit showed numerous issues still present.
A follow-up visit found no improvements, particularly regarding the source of the moisture problem, while a new issue was discovered: a hole in the corner of the lounge which exposed the room to the outdoors.
The investigations team filed an application with the Tenancy Tribunal in May 2024 which argued Kit did not sufficiently comply with the improvement notice and failed to provide the property in a reasonable state of repair.
The tribunal found Kit had failed to ensure the unit was weathertight, failed to provide a complete and accurate tenancy agreement, and did not comply with the improvement notice in their decision released October 22.
The adjudicator said in the finding that Kit was “negligent and remiss” and it was in the public interest that landlords provide “warm, dry, healthy homes for their tenants.”
A hole in the lounge exposing the inside to the outside of a rental property owned by Leng Minn Kit in Beach Haven, Auckland. Photo / Ministry of Business, Innovation, and Employment
The landlord was ordered to pay a total of $4168.21, including $3500 in exemplary damages, to MBIE on behalf of the tenant for multiple breaches of the Residential Tenancies Act 1986.
He was ordered to compete the maintenance work, and the tenant’s weekly rent was reduced from $240 to $190 until it was finished.
Kit was also restrained from committing further maintenance breaches of the Residential Tenancies Act for three years.
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