From the Courts- Leaky Buildings

  • May be of interest to some of you. The long-Awaited class action against James Hardy has begun. Claimants allege that JH provided faulty cladding materials and continued to market these even once they were aware of the problems. JH’s counter-argument is that the materials were fine but the fault lies with poor workmanship by builders. (ED. Having owned 3 leaky homes my sympathies lie with the owners but time will tell).
  • You may have noticed a considerable increase in the number of court cases against landlords. Many relate to a failure to provide the assurances required under the Healthy Homes and Insulation standards. Some much more. A recent case in Auckland awarded $17,451 to the tenants who had put up with mould, ‘yellow water’ contaminated with metal, rotten flooring, leaking ceilings, faulty power supply and rats – the cause of the faulty power supply. The Tenancy tribunal rules that the owner did not address the tenants concerns quickly enough and generally failed to maintain the property thereby breaching their responsibilities. An extreme case perhaps but a growing trend towards making owners responsible for standards.