Auckland landlords Ordered to Pay $30,000 After Family’s Sewage Nightmare
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An auckland family was awarded over $30,000 by the Tenancy Tribunal after enduring months of deplorable living conditions in a property deemed “unlawful” by adjudicator Michelle Pollak. The case,detailed in a recently released Tenancy Tribunal decision,highlights serious breaches of tenancy law and a prolonged ordeal involving raw sewage,inadequate water supply,and a property lacking essential building consents. The address, 310 Dairy Flat Highway, Albany Heights, was published by Pollak “as a deterrent to the property owners continuing to rent out any of the three current unlawful dwellings.”
The family, consisting of two adults and two children (whose names are suppressed), moved into the unit in December 2023. The property, managed by Ashton NZ Property Ltd on behalf of landlords Lingzhi Yuan and Leiyang Shen, comprised an old farmhouse divided into three rental units. Yuan and Shen are currently appealing the tribunal’s decision.
‘Sewage-soaked carpet’
The nightmare began April 14, 2024, when blocked toilets overflowed, flooding two areas with raw sewage and soaking a carpet. Despite contacting the property manager, the family received no response. “out of desperation,”
they called a plumber, who temporarily cleared the blockage.The problem recurred promptly. Nearly three weeks later, on may 4, the property manager finally requested photos of the damage and instructed the tenants to remove and dispose of the sewage-soaked carpet themselves. “The tenants refused to rip up the sewage-soaked carpet as it was the raw sewage that posed a health risk,”
Pollak noted in her decision.
Subsequent attempts by plumbers hired by the property manager to clear the persistent blockage proved unsuccessful. A plumber identified inadequate pipe size as the root cause, recommending replacement.Despite further attempts by contractors sent by the landlord, including emptying the septic tank twice, the issue persisted. The landlord provided a portaloo, used from May 6 to July 10, while the problem remained unresolved. On June 20, the tenants reported that their neighbor’s sewage was backing up into their toilet. “The smell was so bad the tenants could not use the bathroom at all.”
Even after a contractor attempted repairs, the toilet remained unusable due to continued sewage issues from the neighboring unit.
The landlord eventually discovered “major” sewage pipe problems affecting all three properties and undertook repairs on July 9, installing a stormwater retention tank but not replacing the septic tank.this revealed that sewage was improperly channeled into the tenants’ and their neighbors’ backyards, violating council regulations. Instead of replacing the sewage-soaked carpet, the landlord opted for steam cleaning. The tenants ceased using the affected areas, having endured seven weeks of raw sewage contamination. The property manager’s subsequent inspections claimed no detectable odor, a claim disputed by the tenants. “The tenants say that everyone else that enters the premise can smell the sewage smell immediately, and they are unsure how she cannot smell it,”
Pollak stated. “The evidence supports a finding that it is indeed more likely than not that sewage-soaked carpet, underlay and floorboard that have had a normal surface wet vac clean will not have removed all the faecal coliforms and raw sewage smell in the flooring materials.”
The family lived with the contaminated carpet from May 4, 2024, to january 10, 2025—a total of 35 weeks and six days.
‘Thick black sediment’ found in water tank
Beyond the sewage issues, the family faced recurring water shortages. The three properties shared three small 11,000-liter water tanks, resulting in water outages every one and a half weeks, lasting 24 to 48 hours.According to the Auckland Council, a family of four requires two 32,000-liter tanks. The landlord refused to replace the tanks citing cost.The water quality was also poor, described as cloudy and foul-tasting, leading to stomach problems and forcing the family to purchase bottled water. Photographs submitted to the tribunal showed a 10cm layer of “thick black sediment”
at the bottom of the tanks. Pollak concluded: “I am satisfied the tenants have proven they were not provided with sufficient potable water. It was not reasonable in all the circumstances for the landlord to provide 11,000-liter water storage capacity to three households knowing that each household required far more than that amount of water. I find the owners intentionally put the tenants to the stress and inconvenience of being without water every 1.5 weeks for up to 48 hours and to having the responsibility for monitoring the water levels daily for three households without an easy way to see the water levels. To save them the costs involved with providing these three households with adequate potable water.”
Property was ‘unlawful’
The tribunal also ruled that the property was unlawful, lacking necessary building consents and failing to meet building code standards. Pollak found that the landlord, on the “balance of probabilities,”
knew of these issues but continued renting the units to maximize profit until they could afford renovations. Further breaches included insufficient smoke alarms and the unauthorized entry of contractors without prior notice, violating the tenants’ right to quiet enjoyment.
Final decision
in her final decision, Pollak stated: “these breaches were prolonged and resulted in the tenants and their family living in cold, damp and possibly mouldy conditions without adequate potable water or access to proper toilet facilities and they experienced considerable periods of stress, inconvenience, and loss of the amenities they are paying rent to enjoy.”
She criticized the landlord’s “cavalier attitude.”
The awarded compensation totaled $30,615.57, covering various breaches, including toilet repairs, water issues, bottled water costs, rent rebates for the unlawful property, smoke alarm deficiencies, and the return of the bond.The landlords’ attempt to suppress their names was denied. They have appealed the decision to the District Court.
“Auckland Tenants Triumph Over Unlawful Housing Nightmare: Expert Insights on Rights and Remedies”
Editor: The recent Tenancy Tribunal decision in Auckland, where a family was awarded over $30,000 after enduring months of sewage-soaked carpets and water shortages, has sparked widespread concern. What dose this case reveal about the broader issues in rental housing rights,and how should tenants protect themselves against similar fiascos?
Expert: This case illuminates a critical issue in rental housing: the necessity for robust tenant protection and the enforcement of building codes. Tenants must be acutely aware of their rights to safe and habitable living conditions,which are enshrined in tenancy laws. They should not hesitate to document issues, seek legal advice, and use tenancy services for dispute resolution.
Real-world examples have repeatedly shown that when landlords neglect their responsibilities, tenants suffer considerably, not just physically but emotionally too. This case exemplifies the consequences of renting unlawful dwellings that fail to meet building and health standards.
Recommendations for Tenants:
- Know Your Rights: Familiarize yourself with the local tenancy agreement and housing standards.
- Document Everything: Keep detailed records of dialog with landlords and any issues encountered.
- Seek Advice: Contact local tenants unions or legal advice services if problems persist.
Editor: The ruling highlighted that the property was “unlawful,” lacking necessary consents and meeting building codes. Could you elucidate on the implications of renting in unlawful properties for both tenants and landlords?
Expert: Renting in unlawful properties exposes tenants to health hazards such as exposure to raw sewage and inadequate water supplies, as seen in this Auckland case.The legal standing of these properties is precarious, making it vital for tenants to ascertain the legality of their dwelling beforehand.
For landlords, operating unlawful properties can lead to significant financial penalties, legal repercussions, and reputational damage. It underscores the need for due diligence in property management and the acquisition of adequate permissions and permits.
Tenants should:
- Verify local authorities’ online resources or databases on property consents.
- Insist on seeing compliance certificates before signing any lease agreement.
Editors: The court’s revealing comment on landlords attempting to save costs by not providing adequate water storage is troubling. what practical measures can tenants and policymakers take to prevent such negligence?
Expert: This situation stresses the importance of proactive water management practices. For tenants, staying informed about city guidelines for sustainable water use can be beneficial.They should be encouraged to use water-saving appliances and practices.
On the policy front,stronger enforcement of water and building regulations,coupled with penalties for non-compliance,can help deter landlords from skimping on essential services. Furthermore, implementing regular inspections and compliance checks can ensure adherence to standards.
Actions for Tenants:
- Use technology like water monitors to track usage and detect issues early.
- Encourage community groups to lobby for stricter regulations and oversight.
Editor’s final Question: Beyond this case, what long-term solutions can be envisaged to improve housing standards across the board?
Expert: Sustainable and equitable housing requires a multifaceted approach, blending reform, education, and technology. Encouraging better design and maintenance practices, increasing the availability of affordable and high-quality rental properties, and ramping up the enforcement of housing regulations are essential steps.
for the industry to see lasting change,landlords must be incentivized to maintain and upgrade properties,while tenants remain vocal and active in advocating for their rights. Continuous collaboration between tenants, landlords, and policymakers can lead to a more tenant-pleasant and just housing market.
Key Takeaways for Improving Housing Standards:
- Enhance Regulation: Tighten and rigorously enforce housing and safety regulations.
- Support Advocacy: empower tenant unions and advocacy groups.
- Promote Openness: Increase landlord accountability and transparency with clear guidelines.
this case is a stark reminder of the critical need for systemic change in the housing sector. As individuals,communities,and governments unite,we can create living environments that uphold dignity,health,and safety for all. Readers are encouraged to share their thoughts and continue the conversation on improving housing conditions nationwide.