What was the outcome of Tenancy Tribunal case 4872584?

The tribunal order states: The tenancy of Suzanne Gaye Kelly at 4 Arero Place, Titahi Bay, Porirua 5022 is

How much money was awarded in case 4872584?

at 11:59pm tonight, 19 June 2024. 2.…: $20.44 awarded to landlord

What type of tenancy dispute was case 4872584?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4872584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10477421-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4872584?

The tribunal order states: The tenancy of Suzanne Gaye Kelly at 4 Arero Place, Titahi Bay, Porirua 5022 is

How much money was awarded in case 4872584?

at 11:59pm tonight, 19 June 2024. 2.…: $20.44 awarded to landlord

What type of tenancy dispute was case 4872584?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4872584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10477421-Tenancy_Tribunal_Order.pdf.

4 Arero Place, Titahi Bay, Porirua 5022 Tenancy Tribunal Case 4872584 — 14-day notice

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4 Arero Place, Titahi Bay, Porirua 5022 Tenancy Tribunal Case 4872584 — 14-day notice | 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 4872584. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
at 11:59pm tonight, 19 June 2024. 2. Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fe	$20.44		at 11:59pm tonight, 19 June 2024. 2. Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fe

Claims and awards for application 4872584. Verify on MoJ.

at 11:59pm tonight, 19 June 2024. 2. Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fe

Amount: $20.44
Awarded to: Landlord
Reason: at 11:59pm tonight, 19 June 2024. 2. Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fe

Order

The tenancy of Suzanne Gaye Kelly at 4 Arero Place, Titahi Bay, Porirua 5022 is terminated, and possession is granted to Te Ahuru Mowai Limited Partnership, at 11:59pm tonight, 19 June 2024.
Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fee of $20.44.

Reasons

The landlord attended the hearing. There was no appearance for Ms Kelly although I stood the hearing down for a short time to enable her to attend should she have been running late. As she had been served with the notice of hearing, it went ahead in her absence.
The landlord has applied for termination of the tenancy pursuant to section 55(1)(b) of the Residential Tenancies Act 1986 (RTA). They have provided evidence that the property has been contaminated by extremely elevated levels of methamphetamine.
The Tribunal regards test results recording methamphetamine at levels of over 15μg/100cm2 (namely, 0.015 mg of methamphetamine per 100cm2 of surface area) as contamination and as such, damage. 1
In this case, the discrete samples returned the following results:
Section 55(1)(b) of the RTA requires the Tribunal to terminate a tenancy where satisfied that the tenant has caused, or permitted any other person to cause, substantial damage to the premise. I am satisfied that levels of methamphetamine ranging between 27 and 110μg/100cm2 indicate substantial damage. These levels far exceed 15μg/100cm2.
The Gluckman report referred to earlier notes that levels greater than 30μg are considered indicative of manufacturing activities. 2 These levels exceed those levels considerably.
I also note that the landlord has served a number of 14-day notices on Ms Kelly which have not been remedied. They relate to anti-social behaviour among other matters. Therefore, had their claim pursuant to section 55(1)(b) failed, on the evidence before me they would have been successful pursuant to section 56(1) of the RTA.
Accordingly, the tenancy is terminated. Given the high levels of methamphetamine, I consider it likely that the property is no longer safe to reside in, therefore I direct that the termination is effective at the end of today. 1 See Prime Minister’s Chief Science Advisor Professor Sir Peter Gluckman’s report, Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards, 29 May 2018 at p 8. (The Gluckman Report) Full Circle Real Estate Limited v Piper [2019] NZDC 4947. Hibiscus Property Managers Limited v Shore & Kelly NZTT North Shore [2019] 4212942 at [17]. See also for example, Rent Real Estate v Staub [2020] NZTT Auckland 4214782. 2 Page 27
Because Te Ahuru Mowai Limited Partnership has wholly succeeded with the claim I must reimburse the filing fee.
I consider it in the public interest that no details in this decision be suppressed. 3

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 4872584. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
at 11:59pm tonight, 19 June 2024. 2. Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fe	$20.44		at 11:59pm tonight, 19 June 2024. 2. Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fe

Claims and awards for application 4872584. Verify on MoJ.

at 11:59pm tonight, 19 June 2024. 2. Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fe

Amount: $20.44
Awarded to: Landlord
Reason: at 11:59pm tonight, 19 June 2024. 2. Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fe

Order

The tenancy of Suzanne Gaye Kelly at 4 Arero Place, Titahi Bay, Porirua 5022 is terminated, and possession is granted to Te Ahuru Mowai Limited Partnership, at 11:59pm tonight, 19 June 2024.
Suzanne Gaye Kelly is to reimburse Te Ahuru Mowai Limited Partnership the filing fee of $20.44.

Reasons

The landlord attended the hearing. There was no appearance for Ms Kelly although I stood the hearing down for a short time to enable her to attend should she have been running late. As she had been served with the notice of hearing, it went ahead in her absence.
The landlord has applied for termination of the tenancy pursuant to section 55(1)(b) of the Residential Tenancies Act 1986 (RTA). They have provided evidence that the property has been contaminated by extremely elevated levels of methamphetamine.
The Tribunal regards test results recording methamphetamine at levels of over 15μg/100cm2 (namely, 0.015 mg of methamphetamine per 100cm2 of surface area) as contamination and as such, damage. 1
In this case, the discrete samples returned the following results:
Section 55(1)(b) of the RTA requires the Tribunal to terminate a tenancy where satisfied that the tenant has caused, or permitted any other person to cause, substantial damage to the premise. I am satisfied that levels of methamphetamine ranging between 27 and 110μg/100cm2 indicate substantial damage. These levels far exceed 15μg/100cm2.
The Gluckman report referred to earlier notes that levels greater than 30μg are considered indicative of manufacturing activities. 2 These levels exceed those levels considerably.
I also note that the landlord has served a number of 14-day notices on Ms Kelly which have not been remedied. They relate to anti-social behaviour among other matters. Therefore, had their claim pursuant to section 55(1)(b) failed, on the evidence before me they would have been successful pursuant to section 56(1) of the RTA.
Accordingly, the tenancy is terminated. Given the high levels of methamphetamine, I consider it likely that the property is no longer safe to reside in, therefore I direct that the termination is effective at the end of today. 1 See Prime Minister’s Chief Science Advisor Professor Sir Peter Gluckman’s report, Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards, 29 May 2018 at p 8. (The Gluckman Report) Full Circle Real Estate Limited v Piper [2019] NZDC 4947. Hibiscus Property Managers Limited v Shore & Kelly NZTT North Shore [2019] 4212942 at [17]. See also for example, Rent Real Estate v Staub [2020] NZTT Auckland 4214782. 2 Page 27
Because Te Ahuru Mowai Limited Partnership has wholly succeeded with the claim I must reimburse the filing fee.
I consider it in the public interest that no details in this decision be suppressed. 3

Tenancy Tribunal case 4872584 — 14-day notice at 4 Arero Place, Titahi Bay, Porirua 5022

At a glance

Tenancy Tribunal case 4872584 — 14-day notice at 4 Arero Place, Titahi Bay, Porirua 5022

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions