Tribunal adjudicator Toni Prowse found Chaudhry \u201cacted intentionally\u201d in failing to maintain the property on M\u0101ngere\u2019s Calthorp Close, which had known issues with a leaking roof.<\/p>\n
Asked whether he accepted the tribunal\u2019s findings, Chaudhry told the Herald he could have done better.<\/p>\n
\u201cIn hindsight, there are aspects that could have been navigated more effectively, and I\u2019ve taken that on board reviewing my processes to ensure future issues are followed through as swiftly and efficiently as possible,\u201d he said.<\/p>\n
Patras Chaudhry was ordered to pay compensation to a tenant for failing to maintain his rental property.<\/p>\n
The tribunal\u2019s decision shows Chaudhry unsuccessfully attempted to blame Fitimase for the black mould which lined the flat\u2019s walls after she took a case against him.<\/p>\n
Chaudhry claimed Fitimase didn\u2019t ventilate the property \u2013 an allegation the tribunal found had no basis.<\/p>\n
\u201cThere is no evidence that supports the landlord\u2019s proposition that the tenant was not adequately ventilating the property,\u201d it said.<\/p>\n
Fitimase has previously told the Herald<\/a> that mould in the house made her children sick.<\/p>\n One of them, 5-year-old Amias, regularly needs hospital treatment for the potentially deadly lung condition bronchiectasis.<\/p>\n Chaudhry told the Herald he \u201cmoved quickly\u201d to respond to the concerns raised and carry out repairs, a claim Fitimase strongly rejects.<\/p>\n \u201cHe did not move quickly. I was the one who moved quickly. I was constantly on his case.\u201d<\/p>\n In her decision, Prowse said while Chaudhry \u201cdid act swiftly\u201d to try and fix the mould problem, he didn\u2019t address the leaks which caused the mould.<\/p>\n In his online real estate profile, Chaudhry describes himself as an \u201centrepreneur and sales guru\u201d who owns a property management firm, works in sales and marketing, and is a director of a property maintenance company.<\/p>\n Leaky flat was scene of fatal shooting<\/p>\n Fitimase first moved into the rental with her children in December 2021, and issues arose immediately, according to the tribunal\u2019s report.<\/p>\n Police turned up at the flat with \u201cshocking\u201d news, the report said.<\/p>\n Fitimase was greeted by detectives who told her the flat, which had recently been repainted inside, was the scene of a homicide.<\/p>\n The Herald has verified that the property was the scene of a shooting in January 2020 which led to three people being charged with murder.<\/a> <\/p>\n The tribunal said the killing occurred before Chaudhry purchased it.<\/p>\n As it transpired, the house being the scene of a major homicide investigation would be the least of Fitimase\u2019s concerns.<\/p>\n During an inspection before moving in, Fitimase emailed Chaudhry to inform him of a large hole in the front door that was big enough to allow someone to manipulate the lock from the outside.<\/p>\n The door was not fixed until late 2024 \u2013 three years later \u2013 by which stage Fitimase had already moved out.<\/p>\n Other issues noted during Fitimase\u2019s inspection of the \u201cnewly renovated\u201d home were paint drip marks on the walls, and a \u201cchalky residue\u201d that came off when the walls were wiped.<\/p>\n Black mould on rental\u2019s walls<\/p>\n The biggest defect with the property was the leaking roof which Fitimase complained about in October 2022 and again in January 2023.<\/p>\n Chaudhry engaged a property maintenance firm that he was a director of to carry out repairs, although it\u2019s questionable whether anything was done.<\/p>\n An invoice from his maintenance company from November 2022 for $138 simply stated, \u201cthe roof was fixed\u201d.<\/p>\n There was no evidence of insulation or gib being removed or dried, nor any information about moisture testing, according to the tribunal\u2019s report.<\/p>\n Prowse found Chaudhry failed in his legal obligations by not investigating and fixing the roof, the hole in the front door, and that he failed to ensure the house was free of dampness.<\/p>\n \u201cThe owner knew that there had been previous leaks at the property and did not replace the roof,\u201d Prowse said.<\/p>\n Fitimase told the Herald she felt like her concerns were \u201cbrushed under the carpet\u201d and Chaudhry accepted there were delays to addressing issues raised by his tenant.<\/p>\n \u201cI acknowledge that the resolution of this particular issue took longer than expected and this would have had a real impact on the people living there,\u201d Chaudhry told the Herald.<\/p>\n He went on to say ensuring homes are safe and healthy is \u201ca priority for me\u201d.<\/p>\n In February 2023, a healthy homes<\/a> inspection was carried out by a contractor that works for Health New Zealand Te Whatu Ora.<\/p>\n The report found defects in the bathroom, a broken downpipe, exposed electrical components, roof deterioration, and the toilet floor was \u201csoft underfoot\u201d.<\/p>\n However, Chaudhry told the tribunal he never received a copy of the report.<\/p>\n Prowse said while it appeared Chaudhry breached standards for moisture, she was satisfied he didn\u2019t get the inspector\u2019s report as it went to an incorrect email address.<\/p>\n On July 23, 2024, Fitimase found \u201cextensive mould growth<\/a> in a number of rooms\u201d and immediately notified Chaudhry as she had done with other issues.<\/p>\n Two days later, Chaudhry arranged for the property\u2019s gutters to be cleaned and insulation and moisture barriers under the house were topped up.<\/p>\n The following month, Chaudhry organised moisture testing at the property. However, when results showed \u201ca significant problem with moisture ingress\u201d, Chaudhry \u201cdisregarded\u201d the results, according to the tribunal\u2019s report.<\/p>\n Prowse found that because the moisture readings differed from earlier more favourable tests, Chaudhry contested the new results.<\/p>\n Compensation a \u2018joke\u2019<\/p>\n Fitimase won the case and was awarded $3656.38, although she told the Herald it didn\u2019t feel like a win.<\/p>\n \u201cIt\u2019s a joke. I had solid proof this [the leaking roof] was an issue from the start of tenancy. He just literally got a slap on the hand.\u201d<\/p>\n Fitimase said a lot of her belongings, including clothing, were thrown out when they moved house and the tribunal process took \u201cmonths\u201d of back and forth before a resolution was reached.<\/p>\n She said while taking the case to the tribunal was never about money, she didn\u2019t feel the outcome fairly reflected the seriousness of the breaches. <\/p>\n Fitimase was also critical of the Healthy Homes standards<\/a>, saying it\u2019s too easy for landlords to cheat the system by claiming a property meets legal standards when it doesn\u2019t.<\/p>\n \u201cI want awareness. The situation needs to change in New Zealand with landlords and their compliance of healthy homes rules.\u201d<\/p>\n Landlords who fail to meet insulation, heating, moisture and ventilation standards can face fines of up to $7200 but there is no mandatory inspection of properties to ensure they\u2019re up to scratch.<\/p>\n Instead, the system relies on tenants lodging complaints. <\/p>\n In her decision, Prowse said the ordeal had a \u201cprofound\u201d effect on Fitimase and her children.<\/p>\n \u201cThe tenant produced reports from her son\u2019s doctors that say how critical it was to his health that he live in a warm, dry home. The tenant reports that in the six months [since] she has lived in another home his health has greatly improved,\u201d Prowse said in her decision.<\/p>\n Fitimase believed it was important to speak publicly about her experience as she knew other families were \u201ctoo scared\u201d to raise similar concerns, fearing they could be blamed.<\/p>\n \u201cThis is still happening. I don\u2019t want other families to walk through what we\u2019ve walked through,\u201d she said. <\/p>\n Fitimase and her son, Amias, first featured as part of a special series of Herald stories on child health<\/a> last month, which raised more than $48,000 for Middlemore\u2019s Kidz First Hospital. <\/p>\n Donations will be used for life-saving equipment like neonatal intensive care unit incubators<\/a>, upgrades to family rooms, toys and Christmas celebrations for children in need.<\/p>\n The Middlemore Foundation\u2019s Jammies for June campaign<\/a> has seen 26,842 pairs of pyjamas donated to help keep children warm this winter – donations that surpassed the target of 25,000 pairs of pyjamas. <\/p>\n If you\u2019d like to support Kidz First Hospital, click the link below. <\/p>\nMontoya Fitimase and her son Amias at Middlemore’s Kidz First Hospital where he’s regularly treated for the chronic lung disease bronchiectasis. Photo \/ Annaleise Shortland<\/p>\n
A woman was shot dead at the Calthorp Close rental in January 2020.<\/p>\n
Black mould appeared on multiple walls at Montoya Fitimase’s rental, where she lived with her five children.<\/p>\n
Mother of five Montoya Fitimase believes her damp M\u0101ngere rental, where black mould appeared on walls, contributed to her son’s life-threatening condition. Photo \/ Annaleise Shortland<\/p>\n
Montoya Fitimase notified her landlord of the mould problem in July 2024. <\/p>\n
Montoya Fitimase and her son Amias lived in a damp, mouldy rental property in South Auckland. Fitimase won a case against her landlord after taking him to the Tenancy Tribunal. Photo \/ Annaleise Shortland.<\/p>\n