The P house which came back to haunt one family

Print

Thu, 01 Sep 2011 7:00p.m.

By Lachlan Forsyth

This is a story about a regular house, in a regular neighbourhood. It could have happened to any family.

Instead it was James Fuller's family, and the Pakuranga house they'd rented that hid an alarming secret.

“We're all getting sick, not just one or two of us, all of us,” Mr Fuller said.

Swelling, rashes, James soon suspected their family home was a former meth lab.

The boarded up windows and stained floors of the garage were another clue.

Mr Fuller ordered independent tests on the property, which confirmed his suspicions. Methamphetamine. The family moved out that same day.

So imagine their thoughts upon seeing this potentially dangerous property advertised on Trade Me the same day they moved out.

“I was livid, I couldn't believe the landlord would move another family in there without proper testing, I told him what his responsibilities were,” Mr Fuller said.

He believes the landlord knew the property was contaminated with P.

In 2009 police found 135 meth labs throughout New Zealand in every type of neighbourhood. Once found they cost tens of thousands of dollars to clean.

There's no legal requirement for landlords to disclose that a house or building has previously been contaminated, although they must fully and fairly answer any questions asked by a prospective tenant. In 2004 the tenancy tribunal ruled that renting out a contaminated house would breach their obligation to provide premises in a reasonable state of cleanliness.

Miles Stratford of Methminder says the problem is “massively widespread”.

“Every suburb of every town, and certainly every suburb of Auckland has got meth being manufactured in it,” Mr Stratford said.

He set up a business guarding homes against meth manufacture - which often goes overlooked by landlords.

“With bad contamination there can be signs that you can look for: Staining on the walls, there can be chemical smells, but often there is no indication whatsoever,” he said.

The noxious chemicals from meth manufacture linger, they permeate throughout houses and materials, seeping into walls, concrete, ceiling.

So Mr Fuller felt he had a duty to inform the older couple that moved in after him. He says they were disgusted.

“Their jaws dropped open, they had no idea what the landlord had done,” Mr Fuller said.

The former tenants say they were given no indication of any issue with this property. Like Mr Fuller, they developed skin issues, swelling, rashes, and they are horrified that the landlord would not only put their health at risk, but that he continues to do so with other tenants

The property's owner, Chaobin Wang, has accused Mr Fuller of interfering with his business by informing other tenants and trespassed him.

“He tried to blacklist me as a landlord, he tried to blacklist my place as a safe tenant house,” Mr Wang said.

He says he's informed the current tenants of possible contamination, and suggested they just stay away from the garage.

Despite numerous tests confirming the presence of meth, he hasn't had the property professionally cleaned.

“It could have been caused by smoking, or caused by some other source,” Mr Wang said.

While Mr Wang is convinced there's no issue, saying the property is 100% safe, the tenancy tribunal, who Mr Fuller complained to, wasn't.

"Although no single piece of evidence is conclusive... the evidence points to the likelihood of a P lab at the premises"

Failing to decontaminate a property may mean the landlord is breaching the Residential Tenancy act, but without rock-hard evidence that a lab existed, there is also no legal requirement for them to do so.

3 News

Become a fan of 3 News on Facebook and on Twitter.

Post a Comment

Before commenting, please take the time to read our moderation guide


(Won't be published)



Comments

05 Sep 2011 06:54p.m.

ken wrote:

Having finally read the Tribunal's ruling murkiness has turned clarity. There was certainly a lack of concrete facts and that hasn't helped. I may have been a bit unfair to you James. In the circumstances I don't think any normal person would have stayed there. Chao Bin, you effectively 'lost' at the Tribunal and "in my opinion" did yourself no favours by not being more open and less eager to grab those few extra day's rent. I am not sure that the good people at Campbell Live gave this story jusice though-the landlord was portrayed as the bad guy and that is not fair I think.

05 Sep 2011 11:55a.m.

james wrote:

The police tests did not confirm there was no P production, they only cofirm the presence of P and state that they cannot confirm whether the contamination was from production or from use. For someone to claim that the police tests confirm there was no P production is a major stretch.

05 Sep 2011 11:27a.m.

ken wrote:

The confusion slowly unravals! Seeing the TT order would be useful but I believe there is enough here now for me at least to say that my original thoughts(below) were correct and that the landlord has been hard done by in all this. James, is it true that you went to the Tenancy Tribunal with all these claims, including presence of P and that most were not allowed? Well, if in your opinion the TT was wrong then you have the right to Appeal. If you do not want to follow this path then accept the TT decision and move on. You certainly seem intelligent enough to know that you cannot go round bad mouthing people in this way as you seem to be doing. What still puzzles me though is why the question of P ever arose? Was it purely just in your mind James (there's a rash so it must be a P-lab), or Bill, has there been something happened in the past at the property?

05 Sep 2011 10:41a.m.

Bill wrote:

The Police P-Lab team visited the site twice and sampled and tested and analysis for 3 month after James Fuller's complaint of the first police investigation. The final conclusion is clear: There was no P-Manufacture on site, the residue they concluded could be caused by smoking and other source. They are not interested in the case as their mission is for the real P-Lab. TV3 cut this whole statement in the interview to forge this report. Based on unsubstantial conclusion, James Fuller was able to get away for 2 weeks rent free for his three week tenancy at the address. And this 'p – off’ tenant got away his 6-month term contract. On the court James Fuller claimed $3000 health compensation, motel, moving cost, laundry, meal because he couldn't cook at home, telephone cost, skyTV connection.. salary loss due to his many weeks off stress leave from his job and plus $1500 expert witness cost. The financial hardship on Landlord is weighed less than his photos of unqualified rashes. And the ongoing harassment toward the landlord was justified too after even he got paid after the court. He wrote letter and visited each of new tenant asked them to sue landlord for $3000 and moving cost, and he will assist. That was how he got the one witness to win the case. Is there any bad tenant out there worse than this guy? Congratulation to him for being able to defame, blacklist the evil landlord in mass media on top of what he already won!

04 Sep 2011 10:23p.m.

James wrote:

The NZDDA tests included 4 swabs, 3 of which were in the house and 1 in the garage. The house was not the suspected place of manufacture so why only 1 test in the garage and 3 in the house? Our tests did not include 10 samples, only 9, 3 of them from items inside the house but suspected to have been in the garage at some time, of the 6 tested in the garage 1 came back positive but several factor were invlolved that minimized their chances of having been contaminated. 1) short length of exposure time 2) their location in the garage was near constant or frequent sources of fresh air 3) Their placements may have been away from the locations where P was most concentrated.
The air quality tests are not defining factors in determining whether a property is contaminated with P, only what effect, if any, the suspected contamination has on the air.
"There was only 1 sample found residue of 0.14ug" - Our insurance company spent several thousand dollars based on that result. They destroyed several of my children's toys, balls, wading pool, tricycle, pram, shoes, everything that was exposed to the air in the garage was either incinerated or buried in a toxic landfill.
"pursuing $3000 health compensation" I have no idea what he is talking about, we have not asked anyone to pay us for health compensation.
Most landlords would not hestitate to raise a claim against an unruly tenant, this does not make them bad landlords nor does it reduce the validity of each separate claim. Likewise if a landlord refuses to return a tenant's bond that tenant has a right to take the landlord to tribunal for return of that bond. Bill promised to let us out of the lease but renegged the day we handed him the keys and subsequently would not sign our bond, this is the real reason we took him to the tribunal, if he had kept his end of the deal the tribunal never would have happened.

03 Sep 2011 09:16p.m.

James wrote:

The police did not test for the production of P only for the presence of P in the garage and their tests were positive. Our private tests were done only on our contents & not on Chao Bin's property, one of these items tested positive for P and also for Pseudophedrine, the two combined are an indication of P production. I personally have no doubt there was a P Lab at that property while the courts believe there probably was.

02 Sep 2011 04:00p.m.

ken wrote:

Lots of if's and maybe's and unsubstantiated accusations here it seems which always makes for a good story and usually at the expense of the truth. From what I can see I tend to feel a bit sorry for this landlord who may be getting a raw deal out of all this. This bit is pointless and meaningless to the current situation.-"In 2004 the tenancy tribunal ruled that renting out a contaminated house would breach their obligation to provide premises in a reasonable state of cleanliness".

02 Sep 2011 02:07p.m.

Bill wrote:

This is a report distorted the truth. There were 3 tests have been done officially to the property. First Forensic Science tested 10 samples and did air screen test. There was only 1 sample found residue of 0.14ug well below Minister of Health 0.5 ug/sqcm Guild line. And all the other 9 samples were clear of any contamination. The air screen result was normal. The second test was done by NZDDA. All 4 samples were negative. And the mad tenant made 2 complains to the police. The first time police visited and found no visible evidence of P-lab. And the second time he complained to police again, the police sent P-Lab team tested found no manufacture of P on site. The tenant court was manipulated by him. He hired an expert witness and asked him to verify the photo of discoloured garage floor which was actually caused by the newly removal of a 30 years old broken garage carpet. And ask the expert witness to verify if the P-Lab need a piece of plywood to cover window, which was actually used to shed the rain from the carport. The same tenant has put 3 landlords on tenancy court in the past 3 month and pursuing $3000 health compensation and moving cost and other miscellaneous costs from his tenancy between 7 days to 2 months. There is still a new case last Friday waiting for court jurisdiction involved with this same Tenant from Hell. The landlord interview was for about 30 minus, however tv3 only cut to the nasty 2 sentences to impress the manipulation from the tenant. This is a unfair report.

02 Sep 2011 12:30p.m.

Miles Stratford wrote:

Many thanks to the Campbell Live team for taking a sensitive and proactive approach to an issue that concerns thousands of New Zealanders. A Facebook Page has been set up to allow people who are victims of meth lab crime to tell their stories. Please encourage people you know who have fallen victim to meth criminals to join up to 'Justice for Meth Lab Victims of New Zealand' and have their voice heard! Miles Stratford MethMinder Director 0800 638 464

02 Sep 2011 07:08a.m.

Andrew wrote:

Yet another instance where a foreigner doesn't give a toss about the locals except for their money. Chaobin Wang is another name to remember. Karma is coming for you dude.