19 minutes ago

Flatmates battle to get compensation awarded for living in mouldy home

19 minutes ago
Mould in Lexi Muir's rental

Photo: Lexi Muir

A group of young women are fighting to get the money owed by their former landlord after living in a house with black mould, mushrooms and windowless bedrooms.

The landlord told the tenants that the conditions were normal, but she was fined $4463.30 by the Tenancy Tribunal.

Lexi Muir, Mitarina Tipene, and another flatmate, paid $900/week for the four-bedroom property in the Wellington suburb of Hataitai.

"It was a little shoebox room. No windows, tiny, but it was under $200, so I was broke, keen, and I took it," Muir said.

They moved in February 2023 and were initially happy with the property.

However, when winter arrived Muir said they realised the house was not up to standard.

"Mushrooms lining the walls, and when the wall was finally pulled down there was black mould everywhere."

The property also had rotten window frames in one of the bedrooms, which fell out twice during their tenancy.

A rotten window in Lexi Muir's previous rental.

Photo: Lexi Muir

It made it impossible to find new tenants for that room, forcing the remaining tenants to pay more rent.

Housing health expert Dr Lucy Telfar-Barnard said such conditions would have negative consequences on those living there.

"Mould can cause skin and eye irritation, can create allergic reactions and a range of respiratory symptoms including coughing, wheezing and so on. If you have asthma, it can bring on an asthma attack or just make it more wheezy in general," she said.

Looking back, Muir struggled to understand how they managed to live in the conditions.

"There were nights we didn't even want to make dinner because it was so cold. There was definitely an element of just sort of like depression that came with living like that.

"Waking up in a cold house, your day's ruined from the start. I was going to uni just to get warm basically."

A recent report from Consumer NZ said approximately one-third of renters experience a problem with dampness and mould, while 21 percent said they could not afford to adequately heat their homes.

Muir tried to raise her concerns with landlord Laura Mursell but says she was repeatedly brushed off.

"When I asked if we could get the vent and the kitchen fixed, she asked if I wanted to move out because I sounded ungrateful," Muir said.

They eventually made minor fixes themselves, but said they were dismayed at being ignored.

"It was just becoming a nightmare."

Muir's tenancy ended in October 2023, after being granted an early release.

After some encouragement from their peers, the three tenants took Mursell to the Tenancy Tribunal in February.

At the tribunal, the judge said tenants would be compensated for not living in an HHS-compliant house.

Muir and her flatmates have been blocked from their ex-landlord's contact, with no compensation in sight. After six months the amount has built up to $4,824.

The Ministry of Justice's Tracey Baguley said the responsibility of recovering the money awarded at the tribunal lay with the person owed the debt.

Community law legal expert Rupert O'Brien said the tenants had to do everything on their own.

"They have to protect their interests and protect their rights and tendencies. Compliance is out there doing their best and they're trying to deal with the worst cases, but they're pretty limited in their resources and they don't deal.

"You have the right to a decent home and now they've not only got to take the tribunal case but now the enforcement as well," he said.

Renters United president Zac Thomas said vulnerable renters, such as young people, often faced a power imbalance with landlords.

"You might get sick because of living in an unhealthy home. That might mean that you have to take time off work, which might put you behind in rent payments because you don't have as much income, adding to stress and making you more sick," he said.

Mursell has not responded to any of RNZ's attempts to contact her for comment.

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