3 Jul 2018

Tenancy Tribunal backs tenant against property manager Oxygen

5:47 pm on 3 July 2018

The Tenancy Tribunal has slammed a Wellington property management firm for excessively delaying repair work on one of its houses.

Mr Holland's roof, when it was leaking.

Mr Holland's roof, when it was leaking. Photo: Supplied.

Wellington student, Alex Holland said he first contacted Oxygen Property Managers in March after black mould appeared on his ceiling.

On 16 April, a large crack appeared in the same spot which would leak water every time his flatmates showered.

According to the Tenancy Tribunal, work was done to identify what caused the leak - but it was not until 22 June that repairs were completed.

Oxygen has now been ordered to pay Mr Holland more than $300 for taking nine-and-a half weeks to fix a leak in his ceiling.

In addition, the tribunal said Mr Holland did not have to pay back the five weeks rent, totalling $750, that he withheld while the leak continued to drip.

The tribunal said Oxygen had breached its legal obligation to keep Mr Holland's property clean and free of dampness.

"Whilst the maintenance obligation ... refers to a standard relative to the age and character of the property, an ongoing leak is not acceptable even in an older home," it said.

"Whilst a leak of this nature could be expected to take a few days to identify, manage, and repair, the early and ongoing judgment made that this was tenant error delayed a proper resolution for 9.5 weeks. This delay was excessive."

Work to fix a potential new leak, along with an issue with the shower needed to be completed by 31 July, the Tribunal said.

"Whilst I am confident that the proper cause has now been identified and that the measures noted above should resolve the matter fully, Mr Holland has leave to bring the matter back before the tribunal if the matter is not resolved by this work."

Oxygen has declined to comment.