After two years of living in the property, the tenant’s ordeal began in May 2023 when the water supply to her home, which was dependent on tank water, was cut off.
Despite repeated requests, landlord Kyle Webster failed to repair the water storage tanks, leaving the tenant without water for nearly eight months and it took another two months to have the tank repaired.
In addition to the water crisis, the tenant faced further challenges with property maintenance after it took Webster eight months to repair a broken ranch slider door and a considerable delay in addressing essential electrical repairs.
Adding insult to injury, Webster attempted to evict the tenant on November 21, 2023, following her issuance of a 14-day notice for repairs.
The tenant’s plight was not an isolated incident of her landlord, who has been now ordered to pay her $9,452.44 for a series of severe breaches, including retaliatory eviction notices and general neglect of the rental property.
Evidence presented to the tribunal included a letter from Webster’s previous tenants, who recounted their own experiences of neglect and mismanagement. They described long-standing issues with the property, including unresolved water problems, persistent mould, and structural deficiencies such as daylight visible around the skirting boards.
"The former tenant’s summary is that the landlord is a terrible landlord who does not take his obligations seriously," they said in the recently released decision.
Tribunal adjudicator Jessica Greene was critical of Webster’s conduct citing his inadequate understanding of statutory responsibilities.
When asked whether he had the house assessed for healthy homes standards he said he had not and when asked why it took so long to fix the water tank he told the adjudicator he was waiting on tradespeople.
"That explanation is not sufficient, the delay was too great," Greene said.
"It is extraordinary that he would ignore such an important issue as the supply of safe potable water for so long."
Greene also found Webster issued the eviction notice in retaliation for the tenant seeking compliance and did not seek the explanations he gave.
The eviction notice caused the tenant extreme stress as she could not find any other accommodation.
"He simply wanted the tenant gone.
"The tenant said she had been unable to find any other tenancy and she needed to remain in this tenancy (even with the history of having no water supply) until she found somewhere else to live.
"The landlord said he awaited the proposed new law which would allow a landlord to terminate a tenancy without notice. I mention that to show his mindset," Greene said.
Greene urged Webster to appoint a property manager as his knowledge of obligations was ‘woeful’ and ordered him to pay $9,452.44 in compensation.
"The landlord is on notice that should he not ensure compliance promptly, the tenant will be able to make another application and seek further exemplary damages for breaches since the time of this order."
Compensation:
• Compensation for her actual losses of $2,432.00
• Compensation for her loss of enjoyment of the tenancy of $2,000.00
• Exemplary damages for the failure to provide and maintain the premises in a reasonable state of repair and to ensure an adequate means for the collection and storage of water of $3,000.00
• Exemplary damages for issuing a retaliatory termination notice of $2,000.00
• Filing fee of $20.44
- Shannon Pitman, Open Justice reporter
