Poor down trodden tenants

[Baywatcher]

Ok that was said tounge in check to get you experienced landlords to read this. Im seeking advice about facing LJH in the tenancy tribunal

I rented a house of LJH then had a spot of flooding in the Tauranga floods.
Water saturated the carpet in the hall way and one of two bedrooms, caused 3 doors to not close and black mould to grow on the wall in the washhouse.

For 2 days the letting agent said she was too busy to visit the house but sent a rug doctor machine to suck water out of the carpet. Off course the underlay was soaking so it didn’t make much of a difference.

6 days later the house had a mouldy smell and the carpet was still wet. I ph the agent to ask her to inspect the house to make a decision on what action to take as I wasn’t going to live like this much longer. She said that there were people worse off than me, I questioned her ability to do her job, she hang up.

I posted a ten working day notice to bring the house up to a habitable condition stating that I would seek compensation if this didn’t happen and or moving costs if the health of my son was at risk.
The next day I posted a 21 day notice to move out because of the agents attitude.

I had one further ph call from LJH saying that an insurance assessor would be in touch and then silence.

Question
Ive claimed 6 days full rent and 7 days half rent compensation for an uninhabitable house plus 12 hours @ $30 p/h for moving costs. At mediation the agent lied and thought she was blameless.
Is it unreasonable or have I a legal right to claim moving costs. I have photos of black mould on the walls and will be arguing health issues for my son.

[whitt]

Re: Poor down trodden tenants

I posted a ten working day notice to bring the house up to a habitable condition stating that I would seek compensation if this didn’t happen and or moving costs if the health of my son was at risk.
The next day I posted a 21 day notice to move out because of the agents attitude.

I would be very careful on what you are doing. Giving ten days notice then next day giving notice to move will look like retalitory action in eyes of Tribunal. They may back the agent/ landlord.

[Ianacek]

I would think this is a case to which section 59 of the RTA. would apply

Have you given us the whole story? You mention you have had mediation. I'm surprised you didn't get an agreement in your favour, on the facts you have presented, using your rights in section 59, which deals with partly destroyed premises. No-one would expect you to pay full rent with sodden carpet.

I carry insurance to cover temporary accomodation of tenants after a disaster, but this exceeds my legal duty.

[Baywatcher]

Thats the full story

At the final house inspection when i moved out (this was the first time the manager had been near the house and a month after the floods) she agreed that the rent return was fair and she noticed the mouldy smell.
In the next two weeks i twice phoned for an update but she never returned the calls

At mediation the manager wouldnt agree to rent compensation I think because I had documented all our correspondence and it all implied that she was incompetent

The mediator said that there are quite a few similar cases to go to the tribunal where a ruling needed to be made to set a precedent.

The day I treat my tenants like this i hope will be the day i sell up

[Glenn]

Clearly the agent was not up to the job.
I have floods from time to time. I actually ban the use of the rug doctor.
What I find best is Jae cleaning. they rip up the carpet dry it and relay it. Not cheap but it works.
the RTA says if a property is unhabitable then the rent is abated.
I have recently had discussions about what abatement means and Tenancy Services thinks it means the rent stops.

Tenants are permitted to give 2days notice under these conditions, the 21 days does not apply.

You may well be able to claim reasonable costs. You may well be able to get more at mediation so long as the incompetant PM does not continue being incompetant. If you go to tribunal it may be possible to get the PM fined. Only a fool would use a rug doctor in these sorts of cases.