An Auckland landlord who failed to maintain his property and comply with an improvement notice has been ordered to pay more than $4000 for multiple breaches of the Residential Tenancies Act.
The Ministry of Business, Innovation and Employment (MBIE) Tenancy Compliance and Investigations Team (TCIT) opened a proactive assessment to investigate Leng Minn Kit’s practices as a landlord in 2022.
In November 2022, TCIT conducted a visit to a converted garage unit in Auckland’s Beach Haven which the landlord had rented to a single tenant for the past 15 years. A range of issues were observed, all resulting from Kit’s neglect of the property over the course of the tenancy, MBIE said.
Heavy black mould and algae, swollen skirting boards and deteriorating window frames were immediately identified, along with signs of moisture ingress and a leaking roof, penetrating the ceilings throughout the unit. There were plants growing from outside into the interior of the unit, broken guttering, and a shower with a constant, loud drip.
The tenant explained to TCIT staff that they had told the landlord about the dripping shower over the years, and the constant drip onto the stainless-steel tray had significantly impacted their ability to sleep and meant that they showered at their workplace.
Kit was issued with an improvement notice in February 2023 directing him to remedy the issues by May 23, 2023.
TCIT National Manager Brett Wilson said Kit did not dispute the maintenance issues during a formal interview held as part of the investigation.
“Mr Kit did not lodge an objection to the improvement notice when it was issued, nor did he seek an extension to the improvement notice compliance date.”
Two days prior to the final compliance date, Kit provided TCIT with photos which indicated some repairs had been made to the property including making some repairs to guttering, replacing some skirting boards and replacing the shower head.
TCIT made another site visit to check on the landlord’s maintenance efforts and said it was evident Kit had not remedied all the issues listed in the notice, and a number remained unresolved.
“In particular, he had made no effort to investigate or address the source of the moisture ingress problem at his property. Another serious issue was identified during this visit when staff found a hole in the corner of the lounge exposing the room to the outdoors,” Wilson said.
TCIT filed an application with the Tenancy Tribunal in May of this year, arguing that Kit did not sufficiently comply with the improvement notice and failed to provide the property in a reasonable state of repair.
In its decision the Tribunal agreed, and found Kit failed to ensure that the property was weather-tight, failed to provide a complete and accurate tenancy agreement, and did not comply with the improvement notice.
The adjudicator found that Kit had been negligent and remiss.
“He has been a landlord since 2006 of a number of properties and therefore knows the law or is deemed to know it… it is also of significant public interest that landlords comply with their obligations under the Act and provide warm, dry, healthy homes for their tenants.”
The adjudicator noted that, “had Mr Kit engaged with [the investigator] earlier and more meaningfully, the matters would not have progressed as they did”.
“TCIT is established primarily to engage with landlords and assist them to comply with their obligations, and Mr Kit had plenty of opportunity to do so.”
Wilson said that failing to comply with an improvement notice is an unlawful act and MBIE will take Tribunal action if a landlord fails to comply.
“If Mr Kit had maintained his rental property as he is obliged to do or, at the very least, made an effort to address the issues when they were first identified in the improvement notice, the tribunal process could have been avoided.
“As a consequence of his actions Mr Kit has now been ordered to pay $3500 plus additional expenses while still being required to undertake the necessary maintenance work.”
Until the maintenance work has been completed to the relevant industry standard the tenant’s rent will be reduced from $240 to $190 per week.
Kit has also been restrained from committing further maintenance breaches of the Residential Tenancies Act for a period of three years. It is an offence to intentionally contravene a restraining order and anyone who does so is liable on conviction to a fine of up to $3600.
The tenant told the tribunal that despite the maintenance issues he was happy living at the property. He mostly fixed what he could himself and didn’t complain as he got on with his landlord.
