After sewage began leaking through their flat’s ceiling, a group of students were forced to take turns emptying buckets throughout the night. When they wanted to end their tenancy, their requests were ignored.
A Tenancy Tribunal ruling has found the landlord failed to properly address the problems at the Wellington flat, granting the occupants a release from their tenancy and compensation for their ordeal.
The four tenants first moved into the Kelburn flat, which was part of a six-unit property managed by Property Management Wellington, in November 2024.
In April 2025, they raised various maintenance issues with the property manager. Among them was the “bowing” of the kitchen ceiling.
They were told by the landlord’s repairman that it was “not an issue”, but the next day, sewage started leaking from the ceiling.
The leak worsened as the evening progressed, eventually reaching the point where they had to empty two buckets of raw sewage every two hours throughout the night. The flatters were also forced to throw away all of their food and remove all of their appliances.
A plumber wasn’t sent by the landlord until the next day, who found the sewage was from the building’s plumbing, which had burst.
The plumber repaired the leak and removed contaminated sections of the floor and ceiling. A cleaning company was called to clean and dry the area.
The tenants were told they could use the kitchen of an unoccupied unit on the upper level of the building, but all of them relocated elsewhere for the following few weeks. One tenant stayed away for five days due to health reasons.
‘Uncertainty and anxiety’
When the students returned, they found that the alternative kitchen was “not fully functional”, and they let the landlord know.
One tenant claimed he had suffered respiratory issues due to the ensuing mold resulting from the leak. He said he sent the landlord a medical note, but it was ignored.
The kitchen also had no door, meaning the smell of the sewage permeated through the house.
The students said the ordeal had caused them to suffer a “period of prolonged uncertainty and anxiety” as the landlord had provided no meaningful response.
“This resulted in extreme pressure as they tried to deal with matters whilst undertaking university study.”
Three days after the sewage began leaking, the tenants asked the landlord for a rent rebate as they had been forced to move out of the property – this was denied.
On April 15, they formally sought to end the tenancy but received no response until April 23, when they were sent an email regarding the insurance.
On April 25, they served the landlord a 14-day notice to remedy, which was not remedied within the required period.
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Landlord showed ‘lack of care and attention’
The students once again tried to end their tenancy on May 6. The landlord replied, but only to request payment of a week’s worth of missed rent.
They were forced to apply to the Tenancy Tribunal, where they asked to terminate their tenancy, and for compensation for rent and lost food.
On May 26, the date of the hearing and nearly two months after the sewage leak, repairs to the kitchen were still not complete.
The tenants had continued to pay rent, excluding one week, and no compensation had been paid or offered.
At the hearing, adjudicator Kate Lash found the landlord had failed to address the problems at the flat.
“The landlord was given multiple opportunities to engage with the tenants, put into place a rent reduction, provide compensation, advise them of time frames, and acknowledge their concerns, but they did not.
“Things do not seem to have changed even in the days since the hearing, accordingly it is not likely they will.”
She also struck out at a likely AI-generated apology emailed to the tenants by the property manager.
“This, they say, and I agree, indicates a lack of care and attention by the landlord to their interaction with the tenants.”
Lash granted the students an end to the tenancy and awarded them $300, with the one week’s rent arrears taken into account.
The landlord acknowledged a lack of communication and apologised for the repair delays, claiming it was due to the insurance company’s delay.
The tenants were granted name suppression, however, the landlord was not.
“I also consider it in the public interest to be aware of the name of the company, given the way they have dealt with this situation.”
