The tenancy, with no formal contract in place, became a matter for the tribunal. Photo / 123rf
The tenancy, with no formal contract in place, became a matter for the tribunal. Photo / 123rf
When a tenant discovered the rental property she had just moved into was flooded and toilet waste was flowing into a buried bath, the landlord told her the issues weren’t “major” and “the rain won’t last forever”.
The dispute centred on a property nestled in the bush at Whitianga that was owned by Angie Marie Gaebler. The property had two small dwellings and was described as unique, constructed 40 years ago and made of clay and concrete.
A solar panel collected the electricity supply and with no council sewerage system or reticulated water supply, water was gravity-fed from a spring uphill.
As Gaebler prepared for a trip overseas, she decided to rent the place and was clear with the prospective tenant she had no intention of entering into a tenancy agreement that was bound by the provisions of the Residential Tenancies Act.
Gaebler told the tenant, who isn’t named in a recently released decision, that someone who would “treat the property as their own” was sought and the property was not officially ready to be rented out.
The tenant agreed to rent the property for $250 per week from June 1, 2023, and in late May requested something in writing to establish the agreement.
A loose agreement was made and the tenant paid $2000 in advance.
On June 6, 2023, a significant flood wreaked havoc on the property and the landlord assisted in the clean-up.
The tenant then reported discoloured and sediment-laden water from the property’s spring and said because the water was unusable for a prolonged period, she had to install a water filter.
Matters escalated when mould was detected in the dwelling on June 14, prompting further concerns about the property’s suitability as a home.
After another weather event on June 18, the tenant discovered that the toilet waste emptied into a submerged underground bath when it began to overflow.
The tenant discovered toilet waste was going into a buried bath. Photo / 123rf
She told the tribunal she was advised by the landlord that there was a septic tank and stated that on closer inspection of the property, she noticed water waste from the kitchen was being discharged directly onto the ground outside - where it was left to filter through the soil.
As problems piled up, the tenant raised the issue of water concerns not being disclosed and demanded a full tenancy agreement, but instead received a dismissive response from the landlord, who was now living overseas.
“We lived in the house for three years prior and were fine with it the way it was, and we don’t personally think the issues talked about are major,” the email from the landlord said.
“I think all this rain has made it a lot more noticeable, but the rain won’t be forever.”
Gaebler also told the tenant she was free to leave and should not blame the landlord for the predicament.
The tenant decided to vacate on July 21, 2023 and filed a refund dispute with the Tenancy Tribunal claiming that the landlord had violated Healthy Homes Standards and breached property condition regulations.
In a recent decision, tenancy adjudicator Glenn Barnett ruled in favour of the tenant and found the property was non-compliant with minimum standards.
“The flooding and resulting issues with moisture and dampness occurred soon after the commencement of the tenancy and endured until the tenancy ended a short time later. On the evidence, I am satisfied that the tenant suffered a loss of amenity for the entire period.
“The property should not have been offered for residential tenancies, and the landlord was aware of this fact.
“In this case, the landlord has intentionally set about to avoid the provisions of the Act. There is an obvious public interest in discouraging landlords from doing so.
“I am satisfied that at the material time, the property was an unlawful residential premise.”
The tenant was awarded $2000 compensation for unlawful premises and a $120 refund for the water filter.
NZME reached out to Gaebler, who declined to comment.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
