Slugs, mould & cold: Family living in garage awarded thousands in compensation
A family living in a cold garage with “excessive mould” and slugs that slid through gaps in joinery has been awarded compensation by the Tenancy Tribunal.
Krishneel Gounder and Keshni Palani laid a complaint after raising concerns about the “very cold and draughty” rental in Manurewa, Auckland.
Gounder told the hearing his family had endured four winters in substandard conditions and requests for fixes were not acted on.
“We have requested repairs so many times, and on one occasion we were told to find another property,” Gounder told the hearing.
Krishneel Gounder and Keshni Palani at the Manukau District Court where they took their landlord to the Tenancy Tribunal. Photo / Michael Morrah
The tribunal’s adjudicator found the couple’s landlord breached their maintenance obligations by failing to act in a reasonable timeframe when issues were reported.
The Herald has previously covered the plight of Gounder and Palani who live at the property with their 3-year-old and 6-year-old sons. Their eldest boy has cerebral palsy and sleeps in a hospital bed in the living room.
Poorly fitted, paper-thin windows in the living room have been one of the family’s greatest concerns.
“It was foreseeable that the family might suffer increased illness over winter if the draughts were not fixed. This property appears to have been generally cold anyway, but the situation was made much worse as both windows and the door in the main living area had draughts,” the adjudicator said in her decision.
Issues with the windows were documented in an inspection report more than two years ago. However, contractors only arrived in August this year to install thicker glass – one week after Gounder lodged the complaint with the tribunal.
Keshni Palani and Krishneel Gounder successfully took their landlord to the Tenancy Tribunal. Photo / Annaleise Shortland
While the windows have now been replaced, the adjudicator ordered the landlord to fix gaps beneath the front door, prune trees, clear gutters, inspect the property’s drainage, and check for gaps in joinery in the bathroom “where slugs might enter”.
The tenants gave the adjudicator a letter from Kidz First clinical nurse specialist, Debra Issac, who regularly visited the family to help them and their 6-year-old, Kiaansh.
In her letter, Issac highlighted the serious health implications for Kiaansh whose hospital bed was next to lounge windows as it was the only place it could fit.
“This has meant that his sleeping and care environment has been directly affected by the cold air coming through the window,” she said in the letter.
The Manurewa rental is at the and of a drive behind another larger rental property. Photo / Annaleise Shortland
The landlord for the rental was rental management company, Pro Management (Auckland) Limited, acting as an agent for the owner, XMW Limited.
Johnson Zhang, who works for Pro Management (Auckland) Limited, appeared at the hearing and said he normally acted quickly to attend to any maintenance issues.
“I didn’t know they [the family] were suffering like this,” he told the hearing.
Zhang did not dispute that he’d suggested the family find another rental when issues were raised.
He said the property was a “very basic dwelling”, and it was difficult to make improvements.
He claimed he was unaware the windows had issues with draughts until August this year.
However, the adjudicator said that in May 2024 a report from housing charity Habitat for Humanity was sent to Zhang, which highlighted multiple concerns – including the windows.
The charity’s report said the lounge window was “thin glass not fitted around frame” which needed to be replaced, and there were overgrown trees and safety issues with some power points.
The family’s social worker from Middlemore Hospital had arranged the inspection and report on behalf of the family.
Records produced by Gounder at the hearing show the report was emailed to Zhang, who responded by saying he’d send it to the owner.
When questioned at the hearing about what happened after he was sent the report, Zhang said he’d “possibly overlooked this”.
Zhang believed he sent the report to the owner but couldn’t recall whether he was then instructed to undertake repairs.
The adjudicator described Habitat for Humanity’s report as “comprehensive”.
“What is clear is that the landlord can have been in no doubt about the need for urgent maintenance as soon as they received a copy of the report”, the adjudicator said.
Keshni Palani and Krishneel Gounder live in a converted garage in Manurewa with their two children, one of whom has cerebral palsy. Photo / Annaleise
A separate Healthy Homes report from July 2020 showed the property failed heating, insulation, ventilation and draught compliance.
Zhang told the hearing those issues were addressed at the time, and he produced invoices confirming work was undertaken.
One of the invoices said, “fix the gap for the front door [sic]”, and the adjudicator said while it was “more likely than not” that work was completed, it wasn’t done to a lasting standard.
Zhang said he did other maintenance during the tenancy, including tree pruning in 2025. The tenants said debris was left in the yard for over a month before it was cleared away.
Zhang blamed a contractor for not clearing the garden waste, and said he eventually removed it himself.
During the hearing, Gounder raised concerns about whether the property – which he believed was a converted garage – could be lawfully occupied and rented.
Auckland Council told the Herald consent was sought and approved to build a garage/studio at the address in 2013.
While it is not certified as a residential dwelling, it was certified as a “habitable space”, meaning people can lawfully live there with no limit on the number of occupants.
The adjudicator ordered the landlord to pay the tenants just over $12,600 in compensation.
In considering compensation, the adjudicator said the cold air coming through the windows and front door was a “serious” issue for the family during winter.
In addition, the tenants had to contend with slugs entering the house and not being able to use their yard because of garden debris, she said.
Compensation was ordered to be paid from when the landlord was first provided the Habitat for Humanity report in 2024 with $100 per week to be paid for the 119 weeks that passed before the windows were fixed.
The tenants told the tribunal the cold rental caused their children to become unwell. The couple's six-year-old Kiaansh has cerebral palsy and is vulnerable to severe respiratory conditions. Photo / Annaleise Shortland
Gounder told the Herald he was grateful for the tribunal’s decision.
“We were not expecting any money, and we would like to dedicate this win to our son, Kiaansh,” he said.
Keshni said the ordeal was a reminder to anyone renting to know their rights, and if faced with inaction after raising concerns, tenants should contact the tribunal.
“With the help of others who visited us, and who cared about us, we learned our rights.”
The family is actively looking for a new home.
The Herald has sought additional comment from Zhang about the tribunal’s decision and is yet to receive a response.
Michael Morrah is a senior investigative reporter/team leader at the Herald. He won News Journalist of the Year at the 2025 Voyager Media Awards and has twice been named reporter of the year at the NZ Television Awards. He has been a broadcast journalist for 20 years and joined the Herald’s video team in July 2024.
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