A landlord has been ordered to pay nearly $50,000 after a tenant spent four years living in a leaky house without hot water, working kitchen appliances, or heat, while the home was “in no condition to be rented out”.
Joseph Creighton “deliberately did nothing” about the numerous issues at the Marton property, leaving the tenant to fix many of the problems at her own expense, according to a September 21 Tenancy Tribunal ruling recently made public.
The tenant first moved into the property in August 2022, and had experienced a period of homelessness.
The landlord, who was living overseas, never obtained a Healthy Homes assessment and said the tenant agreed to rent the property for $350 a week on an “as is” basis. A written tenancy agreement was not provided either.
On moving in, the tenant walked through the property with the landlord’s brother while he was on the phone and completed a detailed inspection that Creighton did not sign.
In her submissions, the woman said she shared photos showing the property had not been cleaned properly at the start of the tenancy, and the oven was broken, unuseable, and “filthy”.
“Despite complaining to the landlord by telephone, she did not receive a response,” the tribunal said.
She bought a second-hand oven, which was not installed, and eventually used a gas hob, gas bottle, and an air fryer to cook.
The woman also said the property had a “serious infestation of fleas and rodents”, which the landlord asked her to fix – promising reimbursement. Despite working to fix the issue at her own expense, the woman said she was not reimbursed.
The hot water cylinder did not work throughout the tenancy, and the landlord told her to heat water with a wetback chippy fire. The tenant said the chippy fire had holes, leaky pipes, and was “unsafe” to use. She said she bought a Califont, gas bottle, urn, tap fittings and tubing so she and the other occupants could have hot water but was not reimbursed.
She said that because of her past experience with homelessness, she wanted to work with the landlord to make sure the house was liveable.
The woman described “numerous leaks” at the property, with the worst in the kitchen, lounge, and a bedroom. Water eventually pooled in the bedroom ceiling, flooding in May 2025 and destroying her recently purchased engraver. She said Creighton sent his brother to fix the leaks, who only fixed the worst ones because he lacked materials.
Other issues at the property included a sink that did not hold water because it had a hole, “badly slumped and unsafe” floors, rotting window frames, exposed hanging electrical wires, and broken switches.
The front door had no handle or lock, the kitchen had no taps, and most windows could not be opened “because they were in such poor condition they would have fallen apart if opened”. Other windows were broken.
The tenant said there was no insulation under the floor or in the ceiling; no ventilation fans in the kitchen or bathroom and a mould problem; blockages in the gutters and downpipes causing them to overflow; no draught stopping; and no smoke alarms.
“The tenant and her family had to live in the lounge over winter as it was the only room they could afford to heat.”
Items from a previous tenancy were littered around the property, which the tenant said she cleaned up. These included mattresses, tyres, bricks, and household junk.
The woman said she pointed out numerous issues when Creighton came to the property in November 2025, claiming “the landlord refused to take any notice”.
Throughout the tenancy, she repeatedly struggled to contact the landlord, causing “ongoing stress and frustration”.
After repeatedly raising issues throughout the tenancy, the woman became “frustrated” with Creighton’s lack of action. In February of this year, she issued three 14-day notices to fix the property’s problem and reimburse her costs.
Later that month, Creighton issued a 90-day termination notice.
Property rented on ‘as is’ basis, landlord says
In his submission to the tribunal, Creighton said he had no knowledge of the tenant’s complaints or need for maintenance until she issued her 14-day notices.
Creighton believed the tenant had rented the property on an “as is basis”.
He did not believe there was a hot water issue and said a prior tenant had installed the cylinder and that it was working, with another gifted to him in the garage. He also believed all roof leaks and electrical issues had been repaired.
Creighton also claimed he had “no recollection” of joining the tenant on a walk-through inspection at the start of the tenancy.
He believed removing items left at the tenancy was the previous occupants’ responsibility, saying the woman could throw them away.
The landlord said his brother visited the property “a couple of times” and left his phone number in case any issues came up.
Creighton accepted there was no heating, ventilation, moisture ingress or draught-stopping compliance. He believed there was insulation in the ceiling but did not know if it complied with standards. He also acknowledged there were no smoke alarms.
The landlord said that once a professional property manager inspected the premises, he realised he was not in a financial position to fix it and decided to sell.
‘In no condition to be rented out’
In its findings, the Tribunal said the property was “in no condition to be rented out at the start of the tenancy or at any time during the tenancy”.
“While the landlord took the attitude that the premises were rented on an ‘as is’ basis, that is no reason or excuse for the landlord ignoring his obligations.”
It found Creighton “deliberately” did nothing about the numerous issues at the property, even after he was made aware.
“The landlord was highly careless and reckless in not acquainting himself with his legal obligations and deciding to take no steps to make the required repairs and improvements.”
The tribunal said that the tenant continuing to live at the property was “not grounds for releasing the landlord from his obligations”.
“People desperate for accommodation and on limited incomes can be desperate enough to accept housing in substandard, noncompliant condition.”
Creighton was ordered to pay the tenant $48,706.35 in damages and compensation.