Brifing

Auckland Family Awarded $12,600 Over Substandard Rental Conditions

Tenancy Tribunal rules landlord failed to address severe cold and mould issues in garage.

NZ Herald2 min

1Tribunal Orders Compensation

The Tenancy Tribunal ordered a landlord to pay over $12,600 to a family living in a cold, mouldy Manurewa garage. Krishneel Gounder and Keshni Palani endured four winters in substandard conditions. The adjudicator ruled that the property management company breached maintenance obligations by failing to act on urgent repair requests for years.

2Vulnerable Health Impact

The family’s six-year-old son, who has cerebral palsy, suffered due to the freezing environment. His hospital bed was positioned near draughty windows, the only available space in the small dwelling. A clinical nurse specialist confirmed that the cold air directly compromised the child’s sleeping and care environment throughout the winter months.

3Documented Maintenance Failures

Despite a comprehensive report from Habitat for Humanity in May 2024 highlighting thin glass and structural gaps, repairs were delayed. Johnson Zhang of Pro Management claimed he overlooked the report. Contractors only installed thicker glass in August 2025, one week after the tenants officially lodged their complaint with the Tenancy Tribunal authorities.

4Landlord Negligence Claims

The landlord argued the property was a basic dwelling and claimed ignorance regarding the severity of the draughts. However, records showed a 2020 Healthy Homes report had already flagged compliance failures. Although invoices for minor work were produced, the adjudicator concluded that repairs were not performed to a lasting, professional standard.

5Legal Status of Property

The rental unit, a converted garage, faced scrutiny regarding its legality as a residence. Auckland Council confirmed the structure was approved as a habitable space in 2013, allowing lawful occupancy. While it meets basic zoning requirements, the tribunal found the physical state of the building failed to provide a healthy living environment.

6Ongoing Remedial Requirements

Beyond the financial penalty, the tribunal ordered the landlord to perform specific maintenance tasks. These include sealing gaps beneath the front door, pruning overgrown trees, and clearing gutters to prevent further damage. The landlord must also inspect the bathroom joinery to ensure slugs can no longer enter the living space through structural gaps.

7Compensation Calculation Logic

The $12,600 award covers 119 weeks of substandard living conditions, calculated at $100 per week from the date the landlord received the Habitat for Humanity report. The adjudicator emphasized that the cold air and presence of slugs constituted a serious breach of the landlord’s duty to provide a safe, habitable home.

8Tenant Rights Advocacy

The family expressed gratitude for the ruling, intending to dedicate the funds to their son’s care. They encouraged other renters to proactively learn their legal rights when faced with landlord inaction. The couple is now actively searching for a new home, having finally secured legal recognition of their difficult living situation.

Original article: NZ Herald — Auckland Family Awarded $12,600 Over Substandard Rental Conditions