What was the outcome of Tenancy Tribunal case 4363141?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4363141?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,500.00 awarded to landlord

What type of tenancy dispute was case 4363141?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4363141?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9325677-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4363141?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4363141?

Filing Fee: $20.44 awarded to landlord; Property Damage: $2,500.00 awarded to landlord

What type of tenancy dispute was case 4363141?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4363141?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9325677-Tribunal_Order.pdf.

3A Bay Street, Red Beach, Red Beach 0932 Tenancy Tribunal Case 4363141 — Property damage

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3A Bay Street, Red Beach, Red Beach 0932 Tenancy Tribunal Case 4363141 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4363141 — net $2,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess	$2,500.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,520.44
Total payable by Tenant to Landlord	$2,520.44

Claims and awards for application 4363141 — net $2,520.44 NZD. Verify on MoJ.

Insurance excess

Amount: $2,500.00
Awarded to: Landlord
Reason: Insurance excess

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,520.44

Total payable by Tenant to Landlord

Landlord $2,520.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision. 2.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986 (“RTA”).
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
At the end of the tenancy, the tenant had left the premises significantly contaminated with methamphetamine.
Forensic Specialists Ltd conducted a detailed methamphetamine survey on 22 nd February 2022 and found high levels of methamphetamine including 250 μg, 378 μg and 89.1 μg /100 cm 2 . These far exceed the Gluckman threshold of 15 μg/100 cm 2 by significant amounts.
During the tenancy, the tenant was arrested at the premises by the Police on methamphetamine related charges.
I am satisfied that the landlord has proven that the tenant had caused methamphetamine contamination.
The landlord incurred $2,500.00 for insurance excess for methamphetamine decontamination.
The landlord also sought for compensation for damage to the ranch slider. However, the landlord could not prove that it was not damaged by the Police during the sarrest. There was no evidence of the tenant having damaged the ranch slider. So that claim is dismissed. Filing fee reimbursement
Because has substantially succeeded with the claim, I order the tenant to reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4363141 — net $2,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess	$2,500.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,520.44
Total payable by Tenant to Landlord	$2,520.44

Claims and awards for application 4363141 — net $2,520.44 NZD. Verify on MoJ.

Insurance excess

Amount: $2,500.00
Awarded to: Landlord
Reason: Insurance excess

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,520.44

Total payable by Tenant to Landlord

Landlord $2,520.44

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision. 2.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986 (“RTA”).
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
At the end of the tenancy, the tenant had left the premises significantly contaminated with methamphetamine.
Forensic Specialists Ltd conducted a detailed methamphetamine survey on 22 nd February 2022 and found high levels of methamphetamine including 250 μg, 378 μg and 89.1 μg /100 cm 2 . These far exceed the Gluckman threshold of 15 μg/100 cm 2 by significant amounts.
During the tenancy, the tenant was arrested at the premises by the Police on methamphetamine related charges.
I am satisfied that the landlord has proven that the tenant had caused methamphetamine contamination.
The landlord incurred $2,500.00 for insurance excess for methamphetamine decontamination.
The landlord also sought for compensation for damage to the ranch slider. However, the landlord could not prove that it was not damaged by the Police during the sarrest. There was no evidence of the tenant having damaged the ranch slider. So that claim is dismissed. Filing fee reimbursement
Because has substantially succeeded with the claim, I order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4363141 — Property damage at 3A Bay Street, Red Beach, Red Beach 0932

At a glance

Tenancy Tribunal case 4363141 — Property damage at 3A Bay Street, Red Beach, Red Beach 0932

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions