Fined: Landlord failed to carry out urgent repairs which resulted in tenant falling 1.5m on stairs

A woman spent two nights in hospital with a broken knee after slipping on steps. Photo / 123rf

A tenant who had been complaining about the poor state of stairs at her rental property for two years ended up in hospital with a broken knee after slipping and falling 1.5m on to a tiled patio.

Rochelle Snell, who had been renting the Wellington property since 2014, spent two nights in hospital after undergoing surgery and hasn't been able to work for nearly four months as a result of the injury.

In a recently released Tenancy Tribunal decision Lowe and Co Property Management has been ordered to pay Snell and another tenant Thomas Kloc just over $2000 as a result of the fall.

The Tribunal ruled both parties became aware of the problem in 2018.

"The stairs on the back of the section leading up to a washing line, vegetable garden and compost were deteriorating. The stones in the middle of the steps were subsiding meaning that the user had to step on the outer frame. The outer frame on some steps was rotting and on others was coming loose."

In March 2019 the owner, who wasn't named in the decision but attended the hearing with Lydia Deakin from Lowe and Co Property management, looked at the stairs with a builder who was asked to provide quotes for repairing them.

Eight months later Snell contacted the landlord to say nothing had been done and the steps were becoming more of a hazard.

"The landlord followed up with the builder who said he would action it. He did not."

In May of this year Snell slipped on the frame of one of the steps which moved under her weight. She fell 1.5 metres and landed on the patio.

"She fractured her tibial plateau (knee) which required surgery and a two-night stay in hospital."

The decision said she was housebound for three months and hasn't been able to work for almost four months, but is hoping to resume work in some form within a few weeks.

Snell claimed compensation and exemplary damages as a result of the accident, saying the landlord was in breach of the obligation to maintain the stairs and in breach of the Building Code because there wasn't a handrail in place.

However, the landlord argued at the hearing that the tenants should not be entitled to anything because as the accident didn't happen as Snell said it did, or if it did it wasn't a failure on their behalf because it was up to the builder to do the work.

The Tribunal ruled the landlord was aware of the problem in 2018 and was responsible for failing to maintain the steps.

"The repair was urgent. The potential for injury to persons using the stairs was high. The tenant had specifically warned the landlord of this."

"For approximately two years the tenants could not safely access the washing line, vegetable garden and compost. For six weeks following the fall they did not access the area. They still face issues with the lack of landing but do now have safe access. They gave evidence that they would use the area almost daily in summer and weekly in winter."

The Tribunal ordered Deakin to pay $2020 to Snell, $520 of which was in compensation, $1500 was for damages caused by breach of obligations and a filing fee reimbursement.

Deakin told the Herald neither she or the landlord wanted to comment.

"The case has been dealt with as far as we are concerned."

The decision states new steps were built in mid-June and are almost complete other than a landing and some planting which will be finished by the end of this month.