What was the outcome of Tenancy Tribunal case 4537789?

The tribunal order states: Wayne Allen must pay Visionwest Community Trust $41,478.49 immediately,

How much money was awarded in case 4537789?

Filing Fee: $20.44 awarded to landlord; Cleaning: $16,773.90 awarded to landlord; Cleaning: $5,000.15 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $3,600.00 awarded to landlord; Walls and Doors: $13,095.51 awarded to landlord; Replace Stove: $650.00 awarded to landlord; Property Damage: $240.99 awarded to landlord

What type of tenancy dispute was case 4537789?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4537789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9750958-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4537789?

The tribunal order states: Wayne Allen must pay Visionwest Community Trust $41,478.49 immediately,

How much money was awarded in case 4537789?

Filing Fee: $20.44 awarded to landlord; Cleaning: $16,773.90 awarded to landlord; Cleaning: $5,000.15 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $3,600.00 awarded to landlord; Walls and Doors: $13,095.51 awarded to landlord; Replace Stove: $650.00 awarded to landlord; Property Damage: $240.99 awarded to landlord

What type of tenancy dispute was case 4537789?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4537789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9750958-Tribunal_Order.pdf.

8 Mile Place, Henderson, Auckland 0612 Tenancy Tribunal Case 4537789 — Cleanliness

Claims and awards in Tenancy Tribunal application 4537789 — net $41,478.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4537789 dated 05/09/2023 – award (minus the bond	$1,845.50	Previous order application 4537789 dated 05/09/2023 – award (minus the bond
Meth testing/Cleaning: Decontamination of house	$16,773.90	Meth testing/Cleaning: Decontamination of house
Meth testing/Cleaning: testing during and post decontamination	$5,000.15	Meth testing/Cleaning: testing during and post decontamination
Replace stove	$650.00	Replace stove
Curtain replacement	$500.00	Curtain replacement
Carpet replacement	$3,600.00	Carpet replacement
Repairs: walls and doors, door frames and 3 window frames, remove and replace screen mesh and removal of contaminated fu	$13,095.51	Repairs: walls and doors, door frames and 3 window frames, remove and replace screen mesh and removal of contaminated fu
Window repairs: 2 French door glass panes	$240.99	Window repairs: 2 French door glass panes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$41,478.49
Total payable by Tenant to Landlord	$41,478.49

Claims and awards in Tenancy Tribunal application 4537789 — net $41,478.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4537789 dated 05/09/2023 – award (minus the bond

$1,845.50

Previous order application 4537789 dated 05/09/2023 – award (minus the bond

Meth testing/Cleaning: Decontamination of house

$16,773.90

Meth testing/Cleaning: Decontamination of house

Meth testing/Cleaning: testing during and post decontamination

$5,000.15

Meth testing/Cleaning: testing during and post decontamination

Replace stove

$650.00

Replace stove

Curtain replacement

$500.00

Curtain replacement

Carpet replacement

$3,600.00

Carpet replacement

Repairs: walls and doors, door frames and 3 window frames, remove and replace screen mesh and removal of contaminated fu

$13,095.51

Repairs: walls and doors, door frames and 3 window frames, remove and replace screen mesh and removal of contaminated fu

Window repairs: 2 French door glass panes

$240.99

Window repairs: 2 French door glass panes

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$41,478.49

Total payable by Tenant to Landlord

$41,478.49

Reasons

The agent Ms Breeze for Visionwest attended the hearing. The tenant did not appear at the hearing.

This matter was partly heard and determined on 5 September 2023. The claim for damages remained to be determined.

Ms Breeze confirmed at the hearing she couriered the information and evidence relating to the claim for damages (largely due to methamphetamine contamination) to the tenant at his current address.

The agent now applies for compensation for damages, refund of the bond, 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 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.

The following damage was caused during the tenancy: Methamphetamine contamination (which required decontamination of the whole house with ongoing testing to check methamphetamine levels. The stove, curtains and carpet had to be replaced. Nine doors and frames required replacement, along with 3 window frames and screen mesh. Finally repairs had to be made to 2 broken glass panels to the French doors.

The agent provided information and invoices of the repairs taken.

The agent spoke about the timeline of inspections (some with swabs taken) showing that the methamphetamine contamination occurred during the tenant’s tenancy, most likely between July 2022 and December 2022. The agent also confirmed the premises was secure once the tenant was not in the premises over the Christmas period and prior to the testing done in the house on or about 11 January 2023 and tested by the lab on 17 January 2023.

The meth testing reports over a period of weeks showed the work required to reduce the levels to the acceptable levels. It was clear from the evidence the level of contamination was high and required robust repair with some items like doors having to be removed entirely. All contaminated furniture had to be removed and dumped in a special manner.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation for the stove, curtains and carpet. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Visionwest Community Trust has wholly succeeded with the claim I must reimburse the filing fee.

I incorporate the previous award made into this order (noting that the bond is to be refunded only once).

Claims and awards in Tenancy Tribunal application 4537789 — net $41,478.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4537789 dated 05/09/2023 – award (minus the bond	$1,845.50	Previous order application 4537789 dated 05/09/2023 – award (minus the bond
Meth testing/Cleaning: Decontamination of house	$16,773.90	Meth testing/Cleaning: Decontamination of house
Meth testing/Cleaning: testing during and post decontamination	$5,000.15	Meth testing/Cleaning: testing during and post decontamination
Replace stove	$650.00	Replace stove
Curtain replacement	$500.00	Curtain replacement
Carpet replacement	$3,600.00	Carpet replacement
Repairs: walls and doors, door frames and 3 window frames, remove and replace screen mesh and removal of contaminated fu	$13,095.51	Repairs: walls and doors, door frames and 3 window frames, remove and replace screen mesh and removal of contaminated fu
Window repairs: 2 French door glass panes	$240.99	Window repairs: 2 French door glass panes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$41,478.49
Total payable by Tenant to Landlord	$41,478.49

Claims and awards in Tenancy Tribunal application 4537789 — net $41,478.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4537789 dated 05/09/2023 – award (minus the bond

$1,845.50

Previous order application 4537789 dated 05/09/2023 – award (minus the bond

Meth testing/Cleaning: Decontamination of house

$16,773.90

Meth testing/Cleaning: Decontamination of house

Meth testing/Cleaning: testing during and post decontamination

$5,000.15

Meth testing/Cleaning: testing during and post decontamination

Replace stove

$650.00

Replace stove

Curtain replacement

$500.00

Curtain replacement

Carpet replacement

$3,600.00

Carpet replacement

Repairs: walls and doors, door frames and 3 window frames, remove and replace screen mesh and removal of contaminated fu

$13,095.51

Repairs: walls and doors, door frames and 3 window frames, remove and replace screen mesh and removal of contaminated fu

Window repairs: 2 French door glass panes

$240.99

Window repairs: 2 French door glass panes

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$41,478.49

Total payable by Tenant to Landlord

$41,478.49

Order

Wayne Allen must pay Visionwest Community Trust $41,478.49 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $248.00 (3097065-005) to Visionwest Community Trust immediately.

Reasons

The agent Ms Breeze for Visionwest attended the hearing. The tenant did not appear at the hearing.
This matter was partly heard and determined on 5 September 2023. The claim for damages remained to be determined.
Ms Breeze confirmed at the hearing she couriered the information and evidence relating to the claim for damages (largely due to methamphetamine contamination) to the tenant at his current address.
The agent now applies for compensation for damages, refund of the bond, 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 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.
The following damage was caused during the tenancy: Methamphetamine contamination (which required decontamination of the whole house with ongoing testing to check methamphetamine levels. The stove, curtains and carpet had to be replaced. Nine doors and frames required replacement, along with 3 window frames and screen mesh. Finally repairs had to be made to 2 broken glass panels to the French doors.
The agent provided information and invoices of the repairs taken.
The agent spoke about the timeline of inspections (some with swabs taken) showing that the methamphetamine contamination occurred during the tenant’s tenancy, most likely between July 2022 and December 2022. The agent also confirmed the premises was secure once the tenant was not in the premises over the Christmas period and prior to the testing done in the house on or about 11 January 2023 and tested by the lab on 17 January 2023.
The meth testing reports over a period of weeks showed the work required to reduce the levels to the acceptable levels. It was clear from the evidence the level of contamination was high and required robust repair with some items like doors having to be removed entirely. All contaminated furniture had to be removed and dumped in a special manner.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation for the stove, curtains and carpet. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Visionwest Community Trust has wholly succeeded with the claim I must reimburse the filing fee.
I incorporate the previous award made into this order (noting that the bond is to be refunded only once).

Tenancy Tribunal case 4537789 — Cleanliness at 8 Mile Place, Henderson, Auckland 0612

At a glance

Tenancy Tribunal case 4537789 — Cleanliness at 8 Mile Place, Henderson, Auckland 0612

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