What was the outcome of Tenancy Tribunal case 4575749?

The tribunal order states: Esther Maeva must pay Barfoot & Thompson Limited - as Agent for Manmohan

How much money was awarded in case 4575749?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Meth Testing: $1,265.00 awarded to landlord; Property Damage: $4,500.00 awarded to landlord; Rent: $1,821.43 awarded to landlord; Replace Furnishings: Blinds: $2,000.00 awarded to landlord; Replace Furnishings: Carpets: $3,100.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Charges To End Of Tenancy (As…: $219.60 awarded to landlord

What type of tenancy dispute was case 4575749?

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

Where can I read the official tribunal order for case 4575749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10183107-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4575749?

The tribunal order states: Esther Maeva must pay Barfoot & Thompson Limited - as Agent for Manmohan

How much money was awarded in case 4575749?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Meth Testing: $1,265.00 awarded to landlord; Property Damage: $4,500.00 awarded to landlord; Rent: $1,821.43 awarded to landlord; Replace Furnishings: Blinds: $2,000.00 awarded to landlord; Replace Furnishings: Carpets: $3,100.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Charges To End Of Tenancy (As…: $219.60 awarded to landlord

What type of tenancy dispute was case 4575749?

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

Where can I read the official tribunal order for case 4575749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10183107-Tribunal_Order.pdf.

46 Greenhaven Avenue, Opaheke, Papakura 2113 Tenancy Tribunal Case 4575749 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4575749 — net $10,876.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 30 April 2023 (per Order dated 30.10.23	$1,821.43		Rent to 30 April 2023 (per Order dated 30.10.23
Water charges to end of tenancy (as above	$219.60		Water charges to end of tenancy (as above
Meth decontamination (insurance excess	$4,500.00		Meth decontamination (insurance excess
Cleaning	$450.00		Cleaning
Rubbish removal	$500.00		Rubbish removal
Meth testing	$1,265.00		Meth testing
Replace furnishings: Blinds	$2,000.00		Replace furnishings: Blinds
Replace furnishings: Carpets	$3,100.00		Replace furnishings: Carpets
Filing fee reimbursement: (per Order dated 30.10.23	$20.44		(per Order dated 30.10.23
Bond (refunded by Order dated 30.10.23		$3,000.00	Bond (refunded by Order dated 30.10.23
Total award	$13,876.47	$3,000.00
Net award	$10,876.47
Total payable by Tenant to Landlord	$10,876.47

The landlord attended the hearing today. There was no appearance by the tenant.

The property was found to be badly contaminated with methamphetamine in August 2022. There were particularly high levels of contamination in the lounge and 2 of the 3 bedrooms. The Police advised the owner that they had found chemicals and items of equipment at the premises used in the manufacture of methamphetamine. Auckland Council required the property to be further tested and decontaminated. The landlord gave the tenant 7 days’ notice of termination on 10 August 2022, on the basis the premises were so badly damaged as to be uninhabitable.

An initial Tribunal hearing on 23 September 2023 was adjourned. On 2 March 2023 the Tribunal made a termination order. The landlord tells me the tenant remained in occupation throughout this period and was ultimately evicted by the bailiff on 30 April 2023. On 30 October 2023, the Tribunal made an order for rent and water charges and for $2,500.00 towards the cost of methamphetamine decontamination. The remaining claims were adjourned.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. This order deals with the landlord’s remaining claims and consolidates the 30 October 2023 order into this order for enforcement purposes. Decontamination costs

The levels of methamphetamine at the property were such that ESR concluded there was “very strong support” for the proposition that methamphetamine had been manufactured at the premises. The file shows that the tenant’s partner was subsequently charged with manufacturing methamphetamine.

I find on the balance of probabilities that the premises were used or permitted to be used for an unlawful purpose during the tenancy, and that the premises have been damaged as a result. That is because the premises were contaminated to a level which presented a danger to the health and safety of occupants (section 40(2)(a) and (2)(b) of the Residential Tenancies Act 1986, and Full Circle Real Estate v Piper [2019] NZDC 4947).

Tenants are liable for intentional damage caused by the tenant or by a person for whose actions the tenant is responsible, and where the damage is caused by the tenant or a person for whose actions the tenant is responsible, and the act or omission constitutes an imprisonable offence (section 49B of the Act).

Decontamination costs of $19,780.00 were paid by insurers, leaving the excess for the owner to pay ($4,500.00). Insurers also paid the first methamphetamine test ($3,036.00). The owner paid for the second test after decontamination was complete (probably because the limit of cover had been reached).

I find that the decontamination and testing costs are losses caused by the tenant’s breach of section 40(2)(b) of the Act. The tenant is also liable for the damage caused by the contamination pursuant to section 49B of the Act. I award the insurance excess of $4,500.00 and the second methamphetamine test ($1,265.00). Cleaning and rubbish removal

The premises were not left reasonably clean at the end of the tenancy on 30 April 2023. Lots of belongings were left behind in the kitchen and the cupboards in the kitchen and bathroom needed cleaning. There were carpet stains. Overall, though, the photographs do not support a claim for $950.00 and I note that the photographs are small and difficult to view. I award cleaning costs of $450.00.

Rubbish was not removed at the end of the tenancy. The rubbish removal costs claimed were $2,200.00 but this included the cost of dismantling an outdoor wooden structure. It is unclear whether this was made by the tenants. Assessing the amount of rubbish visible in the photographs as best I can, I award $500.00 for rubbish removal. Repairs

The landlord claimed for internal house painting ($3,400.00), replacement broken gutters ($1,150.00) and a new shower ($2,320.00). The available evidence does not show that these repairs were necessary because of the tenant’s acts or omissions. They could equally be maintenance costs.

The landlord also claimed for replacement blinds ($2,000.00) and carpets in all rooms ($3,100.00). I understood that these items needed to be replaced due to the methamphetamine contamination. I award these costs.

The landlord claimed $680.00 for a broken window in the sunroom. I am unable to identify a photograph of a broken window in the exit inspection report and it is not mentioned in the commentary.

The landlord indicated at the hearing that the cost of replacement smoke alarms ($84.00) was considered a maintenance item.

Claims and awards in Tenancy Tribunal application 4575749 — net $10,876.47 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 30 April 2023 (per Order dated 30.10.23	$1,821.43		Rent to 30 April 2023 (per Order dated 30.10.23
Water charges to end of tenancy (as above	$219.60		Water charges to end of tenancy (as above
Meth decontamination (insurance excess	$4,500.00		Meth decontamination (insurance excess
Cleaning	$450.00		Cleaning
Rubbish removal	$500.00		Rubbish removal
Meth testing	$1,265.00		Meth testing
Replace furnishings: Blinds	$2,000.00		Replace furnishings: Blinds
Replace furnishings: Carpets	$3,100.00		Replace furnishings: Carpets
Filing fee reimbursement: (per Order dated 30.10.23	$20.44		(per Order dated 30.10.23
Bond (refunded by Order dated 30.10.23		$3,000.00	Bond (refunded by Order dated 30.10.23
Total award	$13,876.47	$3,000.00
Net award	$10,876.47
Total payable by Tenant to Landlord	$10,876.47

Order

Esther Maeva must pay Barfoot & Thompson Limited - as Agent for Manmohan & Monika Thapar $10,876.47 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing today. There was no appearance by the tenant.
The property was found to be badly contaminated with methamphetamine in August 2022. There were particularly high levels of contamination in the lounge and 2 of the 3 bedrooms. The Police advised the owner that they had found chemicals and items of equipment at the premises used in the manufacture of methamphetamine. Auckland Council required the property to be further tested and decontaminated. The landlord gave the tenant 7 days’ notice of termination on 10 August 2022, on the basis the premises were so badly damaged as to be uninhabitable.
An initial Tribunal hearing on 23 September 2023 was adjourned. On 2 March 2023 the Tribunal made a termination order. The landlord tells me the tenant remained in occupation throughout this period and was ultimately evicted by the bailiff on 30 April 2023. On 30 October 2023, the Tribunal made an order for rent and water charges and for $2,500.00 towards the cost of methamphetamine decontamination. The remaining claims were adjourned.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. This order deals with the landlord’s remaining claims and consolidates the 30 October 2023 order into this order for enforcement purposes. Decontamination costs
The levels of methamphetamine at the property were such that ESR concluded there was “very strong support” for the proposition that methamphetamine had been manufactured at the premises. The file shows that the tenant’s partner was subsequently charged with manufacturing methamphetamine.
I find on the balance of probabilities that the premises were used or permitted to be used for an unlawful purpose during the tenancy, and that the premises have been damaged as a result. That is because the premises were contaminated to a level which presented a danger to the health and safety of occupants (section 40(2)(a) and (2)(b) of the Residential Tenancies Act 1986, and Full Circle Real Estate v Piper [2019] NZDC 4947).
Tenants are liable for intentional damage caused by the tenant or by a person for whose actions the tenant is responsible, and where the damage is caused by the tenant or a person for whose actions the tenant is responsible, and the act or omission constitutes an imprisonable offence (section 49B of the Act).
Decontamination costs of $19,780.00 were paid by insurers, leaving the excess for the owner to pay ($4,500.00). Insurers also paid the first methamphetamine test ($3,036.00). The owner paid for the second test after decontamination was complete (probably because the limit of cover had been reached).
I find that the decontamination and testing costs are losses caused by the tenant’s breach of section 40(2)(b) of the Act. The tenant is also liable for the damage caused by the contamination pursuant to section 49B of the Act. I award the insurance excess of $4,500.00 and the second methamphetamine test ($1,265.00). Cleaning and rubbish removal
The premises were not left reasonably clean at the end of the tenancy on 30 April 2023. Lots of belongings were left behind in the kitchen and the cupboards in the kitchen and bathroom needed cleaning. There were carpet stains. Overall, though, the photographs do not support a claim for $950.00 and I note that the photographs are small and difficult to view. I award cleaning costs of $450.00.
Rubbish was not removed at the end of the tenancy. The rubbish removal costs claimed were $2,200.00 but this included the cost of dismantling an outdoor wooden structure. It is unclear whether this was made by the tenants. Assessing the amount of rubbish visible in the photographs as best I can, I award $500.00 for rubbish removal. Repairs
The landlord claimed for internal house painting ($3,400.00), replacement broken gutters ($1,150.00) and a new shower ($2,320.00). The available evidence does not show that these repairs were necessary because of the tenant’s acts or omissions. They could equally be maintenance costs.
The landlord also claimed for replacement blinds ($2,000.00) and carpets in all rooms ($3,100.00). I understood that these items needed to be replaced due to the methamphetamine contamination. I award these costs.
The landlord claimed $680.00 for a broken window in the sunroom. I am unable to identify a photograph of a broken window in the exit inspection report and it is not mentioned in the commentary.
The landlord indicated at the hearing that the cost of replacement smoke alarms ($84.00) was considered a maintenance item.

Tenancy Tribunal case 4575749 — Property damage at 46 Greenhaven Avenue, Opaheke, Papakura 2113

At a glance

Tenancy Tribunal case 4575749 — Property damage at 46 Greenhaven Avenue, Opaheke, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions