Dunedin may be the undisputed student city of Aotearoa, but Wellington is not far behind. Both cities are also known for being cold and miserable at times, and especially known for their shit flats. Critic Te Ārohi took a look at what your local council will do for you when shit hits the fan in your flat.
When not writing for Critic, Zoe Eckhoff has been part of a well-publicised flatting drama with a particularly notorious Ōtepoti landlord for the better part of this year, involving three-hour long Tenancy Tribunal hearings. Inspired by these experiences, she spoke to the Dunedin City Council (DCC) at a meeting to offer solutions for flatting issues.
Zoe has now been in the ODT twice, Stuff Magazine, RNZ, and even 1News regarding student tenancies in Ōtepoti, but “sitting in front of the mayor and all the council members is very intimidating”. “Nothing could have prepared me for how nerve wracking it was,” she said. Her mother, Pip, and the mother of her friend, Amanda, spoke alongside her. They offered “cost recoverable solutions” that “would be very beneficial for the Dunedin economy”.
A similar high profile case has just wrapped up in Wellington, with 1News reporting on ‘Students' battle to leave flat after ceiling started leaking sewage’. The story covered a group of tenants in a Kelburn flat struggling to exit a tenancy when continuous plumbing issues were not amended. They were forced on one occasion to take turns emptying buckets throughout the night. In both of these cases, it may be confusing for students to know where and when to get the support needed.
Wellington City Council (WCC) did not respond to our request to comment in time for print, but this is what we found out from them. According to the ‘Rental inspections’ section of their website, mouldy and damp flats can be reported to the WCC. They will send out an inspector free of charge (and without snitching on you to the landlord), referring you to the Ministry of Business, Innovation and Employment (MBIE) if necessary. From there, MBIE deals with matters with maintenance of houses and buildings from the Government.
In Ōtepoti, the process is quite different. In a statement sent to Critic by DCC Team Leader (Support, Education and Compliance) Cam Allum, they said, “The Dunedin City Council has only a limited role to play in assisting with complaints relating to the standard of rental housing in Dunedin.” Here, landlords should be notified of any complaints being made to the council. “If the matter remains unresolved, tenants can then approach Tenancy Services, which is a national body based in Wellington involved in resolving disputes,” said Allum. Only if the flat is considered ‘dangerous’ or ‘unsanitary’ (which is defined under the Building Act 2004), will the DCC get their hands dirty.
“Depending on the findings of our investigation, we can issue a formal notice requiring action by the building owner to take action to rectify any issues,” Allum continued. The DCC does offer some tenant support, including its own in-house Eco-Design advisor who offers free visits to a flat (for tenants or landlords) for a chat that “includes tips on creating a warm, dry, energy efficient home”. Sick concept (not in a cold house induced way).
From a legal point of view, councils do not necessarily have to get involved with flatting issues, explained Allum. “The requirements for both landlords and tenants are set by legislation (the Residential Tenancies Act 1986) and the DCC does not have a role in the disputes process.” But it is interesting that Pōneke seems to take a more proactive approach with flatting difficulties compared to Dunners.
When Zoe, Pip, and Amanada spoke to the DCC, the three of them proposed that they do something similar to what is conducted by the WCC. “The WCC has a very tight-knit relationship with MBIE,” Zoe told Critic, where essentially the WCC’s team will, upon request, inspect any rental property free of charge. They also do not notify your landlord of either the request being submitted, or the inspection itself being carried out. “This process protects tenants from any power imbalance with their landlord, making inspections more accessible to vulnerable tenants especially,” continued Zoe.
That means if any tenant finds their property is damp or moldy, WCC is onto it within two working days. If necessary, they forward your case onto MBIE who either enforce action or take the case to the tenancy tribunal in serious events. “With MBIE and the council backing up tribunal hearings, it makes it a lot easier for tenants to be served their due justice,” Zoe said, emphasising that, from where she’s standing, that kind of involvement in her tenancy issues at the start of this year would have changed the outcome of her tribunal hearing drastically.
Ultimately, following Zoe’s meeting with the DCC, they ended up sending a letter to MBIE saying it was “the least we could do.” An unsatisfied Zoe agreed. With many students already carefully balancing a degree, work, social lives, and flat chores, it can be overwhelming if things majorly go wrong with your flat. While the DCC does not have the legal role that the Tenancy Tribunal have, they may be able to assist in some way – depending on where you live.