Tenants who lived with a cockroach infestation so severe the insects’ scuttling kept them awake at night have been awarded $12,000.
The cockroaches were also blamed for the failure of two dishwashers at the property, but were not the only issue at the $1300 a week rental, the Tenancy Tribunal heard.
According to a recently released tribunal decision, the six tenants were also without a working stove for months before being asked to pay for a replacement, and were threatened with eviction if they did not pay more than $700 to replace a toilet they were blamed for breaking.
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The landlord also raised the rent to $1400 before a full year of the tenancy had passed. Under the Residential Tenancies Act, rent cannot be increased within 12 months of the start of a tenancy.
The property was rented through PR Property Management Limited as the agent for Bhavika Enterprises Ltd.
Evidence submitted to the tribunal by the tenants showed the landlord was aware of the cockroach infestation, and had assured the tenants it would be treated before they moved in.
The landlord claimed pest control measures were taken prior to the tenants moving in, but was unable to provide evidence of that.
The tenants said the house was treated not long after they moved in, but that was unsuccessful, leading them to buy bug bombs to try to control the cockroaches.
The insects were also blamed for the failure of two dishwashers at the property, the first of which was not working at the beginning of the tenancy.
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The landlord arranged for a replacement dishwasher and a new appliance arrived a month later but soon stopped working.
An appliance technician told the tenants the cockroach infestation had led to the breakdown of both dishwashers.
In her decision, tribunal adjudicator Michelle Pollak said the landlord did nothing further to address the issue during the tenancy, but a receipt showed pest control services treated the property for cockroaches two weeks after the tenants moved out.
“The tenants endured a severe cockroach infestation for the duration of their tenancy that interrupted their sleep at night from the sounds of them scuttling across the ceilings and caused issues with the dishwasher appliances,” she said.
“This ongoing infestation has also led to them having to have all their belongings decontaminated after their tenancy ended and before they could safely move their belongings into a new premise.”
The tenants also raised issues with a faulty gas stove at the property. With six tenants and only one hob working when they moved in, cooking was difficult, they said.
They were also concerned about the safety risks of having faulty gas hobs.
Towards the end of February 2023, the landlord asked the tenants to collect a new stove from a residential address, telling them they would have to pay the seller $250.
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The tenants refused and a week later the landlord delivered the stove to the property. However, when a technician arrived to install it, the stove was found to be the wrong size for the bench top.
The old stove was reinstalled and another month passed before a working appliance was installed.
The tenants also provided evidence that the landlord had threatened them with eviction if they did not cover the cost of replacing a cracked toilet at the property.
While the landlord said the tenants cracked the toilet and the damage was more than fair wear and tear, no evidence was provided to support that claim.
The tenants, however, provided proof the toilet was old and any damage was not intentional or caused by carelessness on their part.
Further evidence showed the property manager had a pattern of trying to get the tenants to pay for costs and maintenance that were a landlord’s responsibility, Pollak said.
The tribunal awarded the tenants $12,640.68 in compensation and damages. That included $3642 for the time they were without a stove, $4607 for the landlord’s failure to maintain the dishwasher and $1128 for the failure to control the cockroaches.
This article originally appeared on Stuff and is republished here with permission.
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