Tenant falls through rotten floor: Auckland landlord made to pay $5000 after failing to keep property in good state

A rental house in a ritzy Auckland suburb was in such a bad state of repair a tenant fell through a rotten floor, prompting the Tenancy Tribunal to order the landlord to pay $5000.

Four tenants had been paying $900 a week for the Kohimarama property since September 2021, but, at a hearing early last month, they claimed their landlord failed to maintain the premises in a reasonable state, which left the house to fail health and safety requirements.

In November 2022, the tenants told their property manager the dining area, French doors and framing were rotting and a floor tile had given way. One of the doors would not open properly. The property manager said they had forwarded the tenants’ email to the landlord.

“It seems that no solution was ever provided by the landlord and there was no evidence of any remedial work taking place at that stage,” tribunal adjudicator Joon Yi said.

In May 2023, the tenants told their property manager floor tiles had dropped in the dining room and the laundry door had become difficult to unlock and open.

The tenants followed up their email to the property manager 12 days later, wanting to see if anyone would be coming to look at the problems.

Then one of the tenants fell through the rotten floor in the dining room. They contacted the property manager on May 15 and sent photographic evidence.

The property manager replied, saying they arranged for a contractor to attend to the property on May 20.

Four days later, the tenants emailed the property manager again, saying the house had become “even more” damp and cold due to the hole in the floor. The tenants had tried to cover the hole, with little success.

The tenants asked about the possibility of rent relief due to the conditions.

The landlord did not offer any rent reductions or reimbursements. The landlord said an insurance claim had been lodged and repair work would be done once the claim was approved.

On June 2, the tenants sent the landlord a 13-day notice requesting the hole be fixed. On June 18, the landlord apologised via the property manager and said a contractor would do a temporary repair job.

On June 20, the tenants handed in their 28 days’ notice to terminate the tenancy. Four days later, the landlord’s contractor glued a piece of wood over the hole as a temporary fix.

Yi said the landlord “failed to adequately respond” to the issues raised by the tenants until one fell through the floor.

“I find that the landlord did not maintain the premises in a reasonable state of repair. I find that the landlord has committed an unlawful act,” Yi said.

“The landlord intentionally neglected to send anyone to inspect the issues between November 2022 and May 2023. The landlord only sent a contractor when the issue had become more serious.

“Even then, the hole was left uncovered for 40 days until it was covered with a piece of wood.”

The tenants had claimed compensation of tens of thousands of dollars, but Yi said they had not proven claims the entire house was unusable, the landlord was responsible for making them move out and incur moving costs, or any damage to furniture.

Yi ordered the landlord to pay $2000 in compensation for the collapsed dining room floor and another $3000 for exemplary damages.

Raphael Franks is an Auckland-based reporter who covers breaking news. He joined the Herald as a Te Rito cadet in 2022.