What was the outcome of Tenancy Tribunal case 4667574?

The tribunal order states: Chanelle May Grace McLean must pay Seddon Street Property Management

How much money was awarded in case 4667574?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $604.86 awarded to landlord; Meth Testing: $3,070.00 awarded to landlord; Rent Arrears: $960.00 awarded to landlord

What type of tenancy dispute was case 4667574?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4667574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9591136-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4667574?

The tribunal order states: Chanelle May Grace McLean must pay Seddon Street Property Management

How much money was awarded in case 4667574?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $604.86 awarded to landlord; Meth Testing: $3,070.00 awarded to landlord; Rent Arrears: $960.00 awarded to landlord

What type of tenancy dispute was case 4667574?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4667574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9591136-Tenancy_Tribunal_Order.pdf.

12 Beatty Street, Levin, Levin 5510 Tenancy Tribunal Case 4667574 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4667574 — net $2,495.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$960.00	Rent arrears
Lawns and Garden work	$604.86	Lawns and Garden work
Meth testing	$3,070.00	Meth testing
Filing fee reimbursement	$20.44	21. The landlord provided invoices totalling $3,070.00 and this sum is proven.
Net award	$2,495.30
Total payable by Tenant to Landlord	$2,495.30

Chanelle May Grace McLean must pay Seddon Street Property Management Limited As Agent For Charles And Laura Busby $2,495.30 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$960.00 Lawns and Garden work$604.86 Meth testing$3,070.00 Filing fee reimbursement$20.44 Total award$4,655.30 Bond$2,160.00 Total payable by Tenant to Landlord$2,495.30

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 July 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant accepted by email that she did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant accepted the amount charged by the landlord.

The amounts ordered are proved.

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 landlord claimed that the tenant committed an unlawful act by smoking or allowing smoking of methamphetamine in the property.

He produced a report dated 17 February 2021, prior to the start of the tenancy, showing that there was no methamphetamine contamination.

He produced a report dated 25 July 2023, after the end of the tenancy, showing that there was contamination in the kitchen, lounge, main bedroom, toilet and hall. The highest levels recorded were 9.82 and 13.2 μg/100 cm2.

I am satisfied that the landlord has proven that the methamphetamine contamination occurred during the tenancy. This damage was intentional.

However, the recorded levels are below 15 μg/100 cm2. This is the level the Gluckman Report concluded are highly unlikely to cause adverse health effects. This is the level that the District Court and the Tribunal have accepted needs to be exceeded before it is necessary for the landlord to decontaminate the property and so for a tenant to be liable for those costs.

The landlord’s claim for its insurance excess for decontamination must therefore be declined.

It is an offence under the Misuse of Drugs Act 1975 for any person to have in their possession or consume any controlled drug and to allow any premises to be used for the commission of an offence under that Act and (sections 7 and 12).

“Methamphetamine” is included as a controlled drug under Schedule 1 of the Misuse of Drugs Act.

It follows that the consumption of methamphetamine on premises amounts to the use of those premises for an unlawful purpose, in breach of section 40(2)(b) RTA.

It is appropriate in these circumstances to award the landlord the costs incurred in having the property tested for contamination at the end of the tenancy as it was prudent for the landlord to do so, given the positive proof that methamphetamine was consumed in the property.

The landlord provided invoices totalling $3,070.00 and this sum is proven. Filing fee

Because Seddon Street Property Management Limited As Agent For Charles And Laura Busby has substantially succeeded with the claim, I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4667574 — net $2,495.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$960.00	Rent arrears
Lawns and Garden work	$604.86	Lawns and Garden work
Meth testing	$3,070.00	Meth testing
Filing fee reimbursement	$20.44	21. The landlord provided invoices totalling $3,070.00 and this sum is proven.
Net award	$2,495.30
Total payable by Tenant to Landlord	$2,495.30

Order

Chanelle May Grace McLean must pay Seddon Street Property Management Limited As Agent For Charles And Laura Busby $2,495.30 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$960.00 Lawns and Garden work$604.86 Meth testing$3,070.00 Filing fee reimbursement$20.44 Total award$4,655.30 Bond$2,160.00 Total payable by Tenant to Landlord$2,495.30

Reasons

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

How much is owed for rent?

The tenancy ended on 24 July 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant accepted by email that she did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant accepted the amount charged by the landlord.
The amounts ordered are proved.

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 landlord claimed that the tenant committed an unlawful act by smoking or allowing smoking of methamphetamine in the property.
He produced a report dated 17 February 2021, prior to the start of the tenancy, showing that there was no methamphetamine contamination.
He produced a report dated 25 July 2023, after the end of the tenancy, showing that there was contamination in the kitchen, lounge, main bedroom, toilet and hall. The highest levels recorded were 9.82 and 13.2 μg/100 cm2.
I am satisfied that the landlord has proven that the methamphetamine contamination occurred during the tenancy. This damage was intentional.
However, the recorded levels are below 15 μg/100 cm2. This is the level the Gluckman Report concluded are highly unlikely to cause adverse health effects. This is the level that the District Court and the Tribunal have accepted needs to be exceeded before it is necessary for the landlord to decontaminate the property and so for a tenant to be liable for those costs.
The landlord’s claim for its insurance excess for decontamination must therefore be declined.
It is an offence under the Misuse of Drugs Act 1975 for any person to have in their possession or consume any controlled drug and to allow any premises to be used for the commission of an offence under that Act and (sections 7 and 12).
“Methamphetamine” is included as a controlled drug under Schedule 1 of the Misuse of Drugs Act.
It follows that the consumption of methamphetamine on premises amounts to the use of those premises for an unlawful purpose, in breach of section 40(2)(b) RTA.
It is appropriate in these circumstances to award the landlord the costs incurred in having the property tested for contamination at the end of the tenancy as it was prudent for the landlord to do so, given the positive proof that methamphetamine was consumed in the property.
The landlord provided invoices totalling $3,070.00 and this sum is proven. Filing fee
Because Seddon Street Property Management Limited As Agent For Charles And Laura Busby has substantially succeeded with the claim, I have reimbursed the filing fee.

Tenancy Tribunal case 4667574 — Rent arrears at 12 Beatty Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4667574 — Rent arrears at 12 Beatty Street, Levin, Levin 5510

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

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

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions