What was the outcome of Tenancy Tribunal case 4643572?

The tribunal order states: Ayla Pascoe and James Kihi must pay Barfoot And Thompson Limited as Agent

How much money was awarded in case 4643572?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $278.65 awarded to landlord

What type of tenancy dispute was case 4643572?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4643572?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9989550-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4643572?

The tribunal order states: Ayla Pascoe and James Kihi must pay Barfoot And Thompson Limited as Agent

How much money was awarded in case 4643572?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $278.65 awarded to landlord

What type of tenancy dispute was case 4643572?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4643572?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9989550-Tenancy_Tribunal_Order.pdf.

28 Buckland Road, Tuakau, Tuakau 2121 Tenancy Tribunal Case 4643572 — Property damage

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28 Buckland Road, Tuakau, Tuakau 2121 Tenancy Tribunal Case 4643572 — 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 4643572 — net $1,299.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls, doors, windows	$278.65	Repairs to walls, doors, windows
Meth testing/Cleaning (insurance excess	$1,000.00	Meth testing/Cleaning (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,299.09
Total payable by Tenant to Landlord	$1,299.09

Claims and awards for application 4643572 — net $1,299.09 NZD. Verify on MoJ.

Repairs to walls, doors, windows

Amount: $278.65
Awarded to: Landlord
Reason: Repairs to walls, doors, windows

Meth testing/Cleaning (insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Meth testing/Cleaning (insurance excess

Filing fee reimbursement

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

Net award

Landlord $1,299.09

Total payable by Tenant to Landlord

Landlord $1,299.09

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Ayla Pascoe and James Kihi must pay Barfoot And Thompson Limited as Agent for Perpetual Holdings Ltd. $1,299.09 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The application was filed more than 2 months after the end of the tenancy. Section 91A of the Residential Tenancies Act 1986 (the Act) therefore applies. The landlord provided a contact address for the tenant with the application. The landlord has also performed a credit check to locate the tenants. I direct that the application be treated as served on 15 December 2023, the date of the notice of hearing.
If the tenants did not receive notice of the hearing or consider they did not have an opportunity to be heard, they should apply for a rehearing.

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.
There was damage to the walls, doors, and windows during the tenancy. The tenants paid part of the repair costs of $768.20 leaving a balance of $278.65. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
There was also methamphetamine contamination during the tenancy. The highest reading was 16.6 ug/100cm2 in the garage. The remaining readings were much lower. The testing company concluded that this was consistent with methamphetamine consumption but not manufacture. The total cost of methamphetamine decontamination was around $40,000.00 and was met by insurers. I am satisfied that the property was damaged by methamphetamine contamination in breach of section 40(2)(b) of the Act and award the insurance excess of $1,000.00 as claimed.
I decline to award exemplary damages for using or permitting the property to be used for an unlawful purpose. There is no real evidence available, only hearsay that the tenant did not cause the methamphetamine contamination herself. The nature of some of the damage to the property could suggest domestic violence was a factor. I consider it would be unsafe to attempt to evaluate an appropriate award of exemplary damages in the circumstances. Filing fee
The landlord’s application has been successful. The filing fee must be awarded.

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 4643572 — net $1,299.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to walls, doors, windows	$278.65	Repairs to walls, doors, windows
Meth testing/Cleaning (insurance excess	$1,000.00	Meth testing/Cleaning (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,299.09
Total payable by Tenant to Landlord	$1,299.09

Claims and awards for application 4643572 — net $1,299.09 NZD. Verify on MoJ.

Repairs to walls, doors, windows

Amount: $278.65
Awarded to: Landlord
Reason: Repairs to walls, doors, windows

Meth testing/Cleaning (insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Meth testing/Cleaning (insurance excess

Filing fee reimbursement

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

Net award

Landlord $1,299.09

Total payable by Tenant to Landlord

Landlord $1,299.09

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Ayla Pascoe and James Kihi must pay Barfoot And Thompson Limited as Agent for Perpetual Holdings Ltd. $1,299.09 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The application was filed more than 2 months after the end of the tenancy. Section 91A of the Residential Tenancies Act 1986 (the Act) therefore applies. The landlord provided a contact address for the tenant with the application. The landlord has also performed a credit check to locate the tenants. I direct that the application be treated as served on 15 December 2023, the date of the notice of hearing.
If the tenants did not receive notice of the hearing or consider they did not have an opportunity to be heard, they should apply for a rehearing.

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.
There was damage to the walls, doors, and windows during the tenancy. The tenants paid part of the repair costs of $768.20 leaving a balance of $278.65. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
There was also methamphetamine contamination during the tenancy. The highest reading was 16.6 ug/100cm2 in the garage. The remaining readings were much lower. The testing company concluded that this was consistent with methamphetamine consumption but not manufacture. The total cost of methamphetamine decontamination was around $40,000.00 and was met by insurers. I am satisfied that the property was damaged by methamphetamine contamination in breach of section 40(2)(b) of the Act and award the insurance excess of $1,000.00 as claimed.
I decline to award exemplary damages for using or permitting the property to be used for an unlawful purpose. There is no real evidence available, only hearsay that the tenant did not cause the methamphetamine contamination herself. The nature of some of the damage to the property could suggest domestic violence was a factor. I consider it would be unsafe to attempt to evaluate an appropriate award of exemplary damages in the circumstances. Filing fee
The landlord’s application has been successful. The filing fee must be awarded.

Tenancy Tribunal case 4643572 — Property damage at 28 Buckland Road, Tuakau, Tuakau 2121

At a glance

Tenancy Tribunal case 4643572 — Property damage at 28 Buckland Road, Tuakau, Tuakau 2121

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