Mother of four undergoing chemo endured mouldy home despite multiple complaints

Complaints from a tenant about mould issues were not followed up. Stock image / 123rf

A young mother of four undergoing chemotherapy while living in a house riddled with mould has been awarded $2600 after her repeated complaints “fell on deaf ears”.

The woman, who has name suppression, moved into the Rotorua property with her children in November 2020. She remained there until July this year.

Almost immediately she found issues with the home which she subsequently raised with her landlord, Visions of A Helping Hand Charitable Trust. And she continued to voice her concerns about the state of the home throughout her tenancy, but these were not followed up.

The Tenancy Tribunal, which heard of the woman’s living conditions after she turned to the authority seeking exemplary damages and compensation, was told there was a mould problem in the bathroom and the main bedroom.

There was also a list of minor defects plaguing the home, such as broken or defective door handles, window latches, and light switches. These either took too long to repair or were not repaired at all.

The landlord told the tribunal the mould in the bedroom was likely from a leak in the adjoining bathroom which had gone through to the subfloor.

While workers were sent to the home towards the end of the woman’s tenancy to investigate the roof, the problem of mould and water pooling in the bathroom persisted, the tribunal’s recently released decision on the matter stated.

“The tenant reported her concerns and more should have been done,” it found. “The mould problem was a serious issue; particularly as the tenant is a young mother with four young children and she was undergoing chemotherapy treatment at this time.”

The decision noted the landlord accepted the tenant had to endure mouldy conditions and the other listed defects.

“The landlord has been upfront that they have been lacking in their obligations during this tenancy.”

The tribunal accepted evidence of the landlord that its organisation had grown exponentially during the period of the woman’s tenancy and that she had multiple property managers with no continuity.

“Lessons have been learned,” the landlord told the tribunal, adding that major changes have since been put in place.

Similar complaints had been raised by the new tenants of the home and the flooring had since been repaired and all affected areas treated for mould and repainted.

“Unfortunately, it has been too little too late for this tenant and her family,” the decision stated.

The tribunal found the landlord had intentionally beached their obligations as the tenant repeatedly raised issues from the outset of her tenancy which were not followed up.

She was awarded $2160 exemplary damages and, given the breaches, $480 - the equivalent of one week’s rent - compensation.

The compensation was in lieu of the “stress, inconvenience, and anxiety” the tenant had to endure as her repeated requests to investigate the source of the mould and other breaches “fell on deaf ears”.

A further claim that the landlord did not include required details in the tenancy agreement relating to insulation, insurance and the Healthy Homes Standards was dismissed.

While satisfied the landlord failed to provide all necessary information with the tenancy agreement, the tribunal said the tenant’s claim for exemplary damages in relation to this claim was out of time.

“The landlord is reminded that these requirements are mandatory and must be addressed for each and every tenancy.”