Harcourts agent intentionally broke housing law over mouldy South Auckland rental
A self-described real estate guru “intentionally” breached the law and failed to act on concerns about leaks in a mouldy South Auckland rental.
The Herald can reveal details of the case against Harcourts agent Patras Chaudhry, after one of his former tenants successfully applied to the Tenancy Tribunal to have her name suppression lifted.
Solo mother of five, Montoya Fitimase, took Chaudhry to the tribunal, which found evidence of his inaction despite a “clearly documented history” of Fitimase reporting concerns, including leaks and mould.
“I wanted my suppression lifted so I can share my story because it’s not okay,” Fitimase told the Herald.
Tribunal adjudicator Toni Prowse found Chaudhry “acted intentionally” in failing to maintain the property on Māngere’s Calthorp Close, which had known issues with a leaking roof.
Asked whether he accepted the tribunal’s findings, Chaudhry told the Herald he could have done better.
“In hindsight, there are aspects that could have been navigated more effectively, and I’ve taken that on board reviewing my processes to ensure future issues are followed through as swiftly and efficiently as possible,” he said.
The tribunal’s decision shows Chaudhry unsuccessfully attempted to blame Fitimase for the black mould which lined the flat’s walls after she took a case against him.
Chaudhry claimed Fitimase didn’t ventilate the property – an allegation the tribunal found had no basis.
“There is no evidence that supports the landlord’s proposition that the tenant was not adequately ventilating the property,” it said.
Fitimase has previously told the Herald that mould in the house made her children sick.
One of them, 5-year-old Amias, regularly needs hospital treatment for the potentially deadly lung condition bronchiectasis.
Chaudhry told the Herald he “moved quickly” to respond to the concerns raised and carry out repairs, a claim Fitimase strongly rejects.
“He did not move quickly. I was the one who moved quickly. I was constantly on his case.”
In her decision, Prowse said while Chaudhry “did act swiftly” to try and fix the mould problem, he didn’t address the leaks which caused the mould.
In his online real estate profile, Chaudhry describes himself as an “entrepreneur and sales guru” who owns a property management firm, works in sales and marketing, and is a director of a property maintenance company.
Leaky flat was scene of fatal shooting
Fitimase first moved into the rental with her children in December 2021, and issues arose immediately, according to the tribunal’s report.
Police turned up at the flat with “shocking” news, the report said.
Fitimase was greeted by detectives who told her the flat, which had recently been repainted inside, was the scene of a homicide.
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.
The tribunal said the killing occurred before Chaudhry purchased it.
As it transpired, the house being the scene of a major homicide investigation would be the least of Fitimase’s concerns.
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.
The door was not fixed until late 2024 – three years later – by which stage Fitimase had already moved out.
Other issues noted during Fitimase’s inspection of the “newly renovated” home were paint drip marks on the walls, and a “chalky residue” that came off when the walls were wiped.
Black mould on rental’s walls
The biggest defect with the property was the leaking roof which Fitimase complained about in October 2022 and again in January 2023.
Chaudhry engaged a property maintenance firm that he was a director of to carry out repairs, although it’s questionable whether anything was done.
An invoice from his maintenance company from November 2022 for $138 simply stated, “the roof was fixed”.
There was no evidence of insulation or gib being removed or dried, nor any information about moisture testing, according to the tribunal’s report.
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.
“The owner knew that there had been previous leaks at the property and did not replace the roof,” Prowse said.
Fitimase told the Herald she felt like her concerns were “brushed under the carpet” and Chaudhry accepted there were delays to addressing issues raised by his tenant.
“I 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,” Chaudhry told the Herald.
He went on to say ensuring homes are safe and healthy is “a priority for me”.
In February 2023, a healthy homes inspection was carried out by a contractor that works for Health New Zealand Te Whatu Ora.
The report found defects in the bathroom, a broken downpipe, exposed electrical components, roof deterioration, and the toilet floor was “soft underfoot”.
However, Chaudhry told the tribunal he never received a copy of the report.
Prowse said while it appeared Chaudhry breached standards for moisture, she was satisfied he didn’t get the inspector’s report as it went to an incorrect email address.
On July 23, 2024, Fitimase found “extensive mould growth in a number of rooms” and immediately notified Chaudhry as she had done with other issues.
Two days later, Chaudhry arranged for the property’s gutters to be cleaned and insulation and moisture barriers under the house were topped up.
The following month, Chaudhry organised moisture testing at the property. However, when results showed “a significant problem with moisture ingress”, Chaudhry “disregarded” the results, according to the tribunal’s report.
Prowse found that because the moisture readings differed from earlier more favourable tests, Chaudhry contested the new results.
Compensation a ‘joke’
Fitimase won the case and was awarded $3656.38, although she told the Herald it didn’t feel like a win.
“It’s 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.”
Fitimase said a lot of her belongings, including clothing, were thrown out when they moved house and the tribunal process took “months” of back and forth before a resolution was reached.
She said while taking the case to the tribunal was never about money, she didn’t feel the outcome fairly reflected the seriousness of the breaches.
Fitimase was also critical of the Healthy Homes standards, saying it’s too easy for landlords to cheat the system by claiming a property meets legal standards when it doesn’t.
“I want awareness. The situation needs to change in New Zealand with landlords and their compliance of healthy homes rules.”
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’re up to scratch.
Instead, the system relies on tenants lodging complaints.
In her decision, Prowse said the ordeal had a “profound” effect on Fitimase and her children.
“The tenant produced reports from her son’s 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,” Prowse said in her decision.
Fitimase believed it was important to speak publicly about her experience as she knew other families were “too scared” to raise similar concerns, fearing they could be blamed.
“This is still happening. I don’t want other families to walk through what we’ve walked through,” she said.
Fitimase and her son, Amias, first featured as part of a special series of Herald stories on child health last month, which raised more than $48,000 for Middlemore’s Kidz First Hospital.
Donations will be used for life-saving equipment like neonatal intensive care unit incubators, upgrades to family rooms, toys and Christmas celebrations for children in need.
The Middlemore Foundation’s Jammies for June campaign 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.
If you’d like to support Kidz First Hospital, click the link below.
Michael Morrah is a senior investigative reporter/team leader at the Herald. He won the best coverage of a major news event at the 2024 Voyager NZ Media Awards and has twice been named reporter of the year. He has been a broadcast journalist for 20 years and joined the Herald’s video team in July 2024.