She sought exemplary damages of $2160 and compensation of $480 for mental distress relating to the breach.
In its decision, the tribunal noted the mould problem was a serious issue, particularly as the young mother was undergoing medical treatment.
The tribunal found the landlord intentionally breached its obligations as the tenant repeatedly raised issues from the outset of the tenancy, which were not followed up.
Adjudicator A. Macpherson said in the decision that: “While I find that the landlord did send workmen towards to end of the tenancy to investigate the roof, the problem of mould and water pooling in the bathroom persisted.
“The tenant reported her concerns and more should have been done. The landlord has confirmed that similar complaints were raised by the new tenants and the flooring has now been repaired and all affected areas treated for mould and repainted.”
Macpherson noted the landlord was “upfront” that it was lacking in its obligations and accepted the tenant endured mouldy conditions and minor defects such as broken window latches and light switches that took too long to repair - or were not at all.
“I find they have committed an unlawful act. The landlord acknowledges that the mould in the bedroom is likely from the leak in the adjoining bathroom, which has gone through to the subfloor.”
Compensation was awarded for the stress, inconvenience and anxiety the tenant had to endure as her repeated requests to investigate the source of the mould and other breaches were not acted upon.
The trust’s evidence included that its organisation had grown exponentially during the period of the tenancy, and the woman had multiple property managers with no continuity.
“The landlord says that major changes have been put in place, and that lessons have been learned. Unfortunately, it has been too little too late for this tenant and her family,” Macpherson said.
