Notice to vacate withdrawn for family living in Papakura 'swamp home'

A notice to vacate has been withdrawn for a family who went public about living in an "undrained swamp" rental home.

Dawn Robbie, her partner Cameron and their two young children have, for the past 21 months, lived in a Papakura house that floods underneath every time it rains.

She went public with their plight and Auckland Council issued an insanitary notice on August 31 - giving landlord Aven Raj 10 days to resolve the property's issues or face a $200,000 fine and an extra $20,000 each day the issues remained.

The council lifted the notice after repairs were completed, but on September 4 Robbie and the family was given a 90-day notice to vacate the property.

Ray White Papatoetoe manager John McCracken, who began managing the property only after the insanitary notice was issued, said the vacate notice was issued because of further major remedial works.

The notice to vacate had since been withdrawn so there was no time pressure on the family to find a new home.

"These tenants are good people, and had to endure some pretty substandard conditions," McCracken said.

"When we took on the property the tenants advised us they were wanting to move on as soon as possible, given the state of the house they were living in.

"We advised them there were no worries with the usual 21 days notice, and could move out whenever they found a new place, given what they had to put up with.

"To take any pressure away the 90 day notice has been withdrawn, and in the meantime we will make efforts to help them find a new place."

McCracken said it was not retribution from the landlord.

"He is facing some bigger issues than that, potentially big fines.

"He is under pressure from MBIE with their investigation and so had to show there was a timeline to remedy the things they had found non-compliant.

"A number of those things require the house to be empty. The ground was so wet underneath that moisture had been entering the house, so there is a lot of remedial work to be done inside. They are going to have to pull the whole bathroom out, strip it right back and reinstate proper waterproofing."

McCracken said some landlords did not know how to manage properties properly.

"They think it is a simple process, but there are many changes occurring in health and safety with the Residential Tenancies Act and tenant's rights. That is the benefit of having experienced property managers, ensuring the properties are kept to high standards that benefit the tenant as well."

Robbie told the Herald the family were happy to find somewhere else to live.

"Through this whole situation Raj did not want us in his property, he didn't care about our family. Nobody should have to take these steps to get their landlord to do this work."

Robbie said they were having some trouble finding a place that would let them have their dog.

MBIE's tenancy compliance and investigations team national manager, Steve Watson, said he was "concerned" about the actions of the owner and property manager.

He confirmed they had visited the site and spoken with the tenants, but could not comment further as there was an ongoing investigation.

Watson said tenants having tenancy or property issues should always discuss them with their landlord to try to resolve them early, and contact Tenancy Services for advice.