Dunedin landlord defends ‘shocking’ Castle St flat, students want contract terminated

The landlord said the flat is over 120 years old, with repairs and maintenance an “ongoing endeavour” with a property of that age and use. Photo / Supplied

The mother of an Otago student has spoken of her stress and shock after discovering the condition of the property her son was set to move into.

Despite photos of the house showing mould-infested walls with large holes, cracks and torn concrete flooring tiles, the landlord has defended the flat’s condition.

He said the flat is more than 120 years old, with repairs and maintenance an “ongoing endeavour” with a property of that age and use.

Liliya Bilaeva’s son, Sebastian was looking for a rental property in Dunedin with two of his friends ahead of his second year of study, when he came across a student flat.

The Castle St property was priced well at $480 a week. Advertised photos showed a three-bedroom house clearly in need of a light fixing-up, but it appeared adequate to the trio.

The landlord says the Castle St property meets healthy home standards. Photo / Supplied

After signing the tenancy agreement and paying over a month’s rent, Bilaeva helped her son move into the property last weekend.

It was upon their arrival they saw the house for the first time.

“He walked in and we realised it was bad,” said Bilaeva.

“Broken walls, the concrete floor was just come out. The ceiling was broken in some places, you could see the light coming through the wall from outside. It’s mouldy, it’s dirty, there was rubbish outside that hadn’t been cleaned.”

Photos shown to the Herald backed up Bilaeva’s claims.

Numerous walls in the property were badly cracked, with ceiling boards exposed.

Bilaeva said she was shocked.

The property had mouldy walls, cracks in the floor and parts of the ceiling exposed. Photo / Liliya Bilaeva

“We moved here to help him, but we immediately decided it wasn’t good to live there so now it’s a big headache, we need to find where he will live instead,” she said.

In an email to the landlord, Sebastian brought up the findings and demanded the contract immediately be terminated due to the house’s condition.

“If you are not willing to do that I will take legal action and go to the tribunal,” he said in an email.

“This house that you are renting is not suitable to live in.”

In a reply to Sebastian, the landlord stated the contract could not be terminated based on the Residential Tenancies Amendment Act 2020.

He also outlined the property was built in the early 1900s and has been used for student accommodation in recent decades.

The landlord stated the contract could not be terminated based on the Residential Tenancies Amendment Act. Photo / Liliya Bilaeva

“Based on [the] age and use of the property, it is expected to have a higher amount of repairs and maintenance required,” he said in an emailed response.

The landlord offered to agree on a schedule of repairs and asked Sebastian to find a replacement if he wishes to move out.

“We’re very disappointed and shocked at how somebody could leave a place in that condition,” she said.

“I want to contact my lawyer and see what they can do, otherwise I’ll be going to the Tenancy Tribunal about this.”

When the landlord, who the Herald has agreed not to identify, was approached about the matter, he reiterated his stance based on the building’s history.

He said the property has been re-roofed, insulated and double-glazed and has undergone a significant amount of electrical and plumbing work in recent years.

The landlord justified the flat’s condition due to its age and historic use as a student flat. Photo / Liliya Bilaeva

“It is understood the property meets healthy home standards for the heating, insulation, ventilation moisture ingress and drainage and draught stopping standards,” the landlord said.

“Continued maintenance will ensure that these standards are met.”

The landlord also pointed out that the tenants initially wanted to sign the agreement without viewing the property first, to which he insisted they view it first to ensure they were happy with its condition.

According to Sebastian, one of his friends viewed the property shortly after being asked - but the previous tenant was still at home.

“All their stuff was still across the house, so it was covering all the damage,” he told the Herald.

“He said to us that it seemed alright.”

Sebastian said the landlord has offered to carry out necessary repairs by February 26.

“They’ll still be carried out while we’re in the flat,” he said.

“The takeaway from this is definitely don’t rush into [getting a rental], take your time and view it thoroughly before you sign anything.”