There were 13, including stains on floors and carpet, a bathroom rail hanging loose, an expired fire extinguisher, peeling wallpaper and black mould on the curtains.
Corke and Pile alleged almost all the items were not attended to, including the ceiling still being “covered in fly s***”.
Brennan’s report says the couple’s evidence supported the claim that the landlord failed to present and maintain the premises, and grounds for appropriate compensation were established.
“In finding this, I consider a number of the issues to reflect a tired home rather than intentional neglect by the owner. Elsewhere the premises present well.”
He ordered the landlords ― Duncan as the owner and Property Brokers as the agent — to pay the couple $2050 for failure to maintain the property.
Brennan’s report says Pile’s first meeting with Duncan occurred when he woke up to find Duncan in the house, an accusation that did not appear to be disputed.
A contractor had been hired to replace the hot water cylinder with an instant hot water system.
Brennan ruled Duncan committed an unlawful act and he was ordered to pay $500.
“It was unacceptable and I cannot find any justification for it.”
The report says the tenants experienced a week or so of no hot water after the replacement, but Duncan stated they never advised him.
“He says he would have arranged the bottles immediately.”
The tenants served a trespass notice on Duncan in April, but had no issue with his son, Sam Duncan, who also visited the property, the report says.
“Their dispute was with Douglas and more than one verbal stoush was recounted by the tenants.
“I considered the tenants robust people who appear to have been suitably equipped to give it back.”
The report says some of the interactions may have been less than desirable, but they were not “grievous breaches”.
Corke and Pile, who have a young family, also claimed the water was not fit to drink and they had to use bottled water instead, but Brennan disagreed.
The property included an in-ground swimming pool and a pool house, which the tenants claimed was shown as part of a remote pre-tenancy viewing.
They viewed the property via photo and video because they lived a distance away.
The report says the facilities being recorded in the ingoing condition report gave some credence to the tenants’ stance.
“Whatever was or was not agreed regarding the pool and pool house at the commencement appears to have been modified later with the tenants accepting these were not intended to be used.
“Beyond the use, or not, of the pool, the question of adequate fencing around it existed and it is acknowledged [in a message from the landlord].”
There would have been a probable 12-week beneficial period when the pool was “a likely attraction” and Brennan awarded compensation of $600 — $50 a week.
A Rangitīkei District Council inspection of the pool in March confirmed several non-compliance issues regarding access to it.
The pool house, which the tenants claimed had a rat problem, was demolished.
Brennan also ruled the premises were not properly insulated or ventilated, and the landlords failed to meet compliance standards.
However, the tenants’ claim that the premises did not meet heating standards was unsuccessful.
“I consider the property manager failed significantly in the onboarding of this property and ensuring it was suitable for a residential tenancy,” the report says.
“That is considered the root cause of many subsequent problems that led to this application.”
In total, Brennan ordered the landlords — Duncan and Property Brokers — to pay $1000 for disruption of the right to quiet enjoyment, $2050 for failure to maintain the property, $600 for loss of amenity regarding the pool, and $2400 in exemplary damages.
Douglas Duncan who, according to the report, stated he would never rent the premises again, was ordered to pay $500 for the unlawful entry.
Mike Tweed is an assistant news director and multimedia journalist at the Whanganui Chronicle. Since starting in March 2020, he has dabbled in everything from sport to music. At present his focus is local government, primarily the Whanganui District Council.
