What was the outcome of Tenancy Tribunal case 4911833?

The tribunal order states: Zoe Harris Milne must pay Mid North Real Estate Limited (as agent for Tamsin

How much money was awarded in case 4911833?

Cleaning: $120.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns Mowing: $30.00 awarded to landlord; Painting: $1,207.50 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord; Water Rates: $469.59 awarded to landlord

What type of tenancy dispute was case 4911833?

The primary dispute was Exemplary damages. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4911833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10983208-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4911833?

The tribunal order states: Zoe Harris Milne must pay Mid North Real Estate Limited (as agent for Tamsin

How much money was awarded in case 4911833?

Cleaning: $120.00 awarded to landlord; Property Damage: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns Mowing: $30.00 awarded to landlord; Painting: $1,207.50 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord; Water Rates: $469.59 awarded to landlord

What type of tenancy dispute was case 4911833?

The primary dispute was Exemplary damages. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4911833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10983208-Tenancy_Tribunal_Order.pdf.

15B Omapere Road, Kaikohe 0405 Tenancy Tribunal Case 4911833 — Exemplary damages

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

15B Omapere Road, Kaikohe 0405 Tenancy Tribunal Case 4911833 — Exemplary damages | 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 4911833 — net $1,167.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$469.59	Water rates
Cleaning	$120.00	Cleaning
Lawns mowing	$30.00	Lawns mowing
Rubbish removal	$30.00	Rubbish removal
Painting	$1,207.50	Painting
Exemplary damages - methamphetamine	$450.00	Exemplary damages - methamphetamine
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,167.53
Total payable by Tenant to Landlord	$1,167.53

Claims and awards for application 4911833 — net $1,167.53 NZD. Verify on MoJ.

Water rates

Amount: $469.59
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $120.00
Awarded to: Landlord
Reason: Cleaning

Lawns mowing

Amount: $30.00
Awarded to: Landlord
Reason: Lawns mowing

Rubbish removal

Amount: $30.00
Awarded to: Landlord
Reason: Rubbish removal

Painting

Amount: $1,207.50
Awarded to: Landlord
Reason: Painting

Exemplary damages - methamphetamine

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Rubbish Removal Water Rates

Order

Zoe Harris Milne must pay Mid North Real Estate Limited (as agent for Tamsin Steward) $1,167.53 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,160.00 (5538189-012) to Mid North Real Estate Limited immediately.

Reasons

The tenancy began on 15 April 2021 and ended on 15 April 2024.
The landlord’s application seeks water rates, cleaning, lawns, rubbish removal, painting, and exemplary damages.
The hearing took place by phone on 22 October 2024. Both parties attended the hearing. Ms Maraki represented the landlord.
Ms Milne accepted the claims for cleaning, water rates, rubbish removal, and lawn mowing.
Ms Milne also accepted the claim for painting the walls in the kitchen, dining / lounge, and two bedrooms. There was damage to those walls during the tenancy. Ms Milne repaired the damage to a good standard, but painting was necessary.
The cost of painting those walls was $1,610.00. Other painting work was carried out at the insurer’s cost as part of the methamphetamine de- contamination process, but Ms Maraki confirmed that the painting included in this claim was not covered by the insurer.
I have applied depreciation of 25% based on the estimated age of the existing paintwork.
The landlord’s evidence shows that methamphetamine use occurred during the period of the tenancy. The landlord seeks exemplary damages. The Tribunal may award exemplary damages if the tenant uses the premises, or permits the premises to be used, for any unlawful purpose. 1
Ms Milne said that she allowed persons to stay at the unit who had a history of drug problems. They were homeless at the time and Ms Milne was trying to help out. She told them that they could not use drugs when they were staying at the unit, but she accepts that they did so without her knowledge. Ms Milne said that she accepts responsibility on the basis that she allowed them to stay.
The maximum award of exemplary damages is $1,800.00.
In considering an award of exemplary damages the Tribunal must have regard to: 2 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
The usual approach of the Tribunal with exemplary damages is to award one- third of the maximum unless there are aggravating or mitigating factors in play. 3 1 Section 40(2)(b) & 40(3A) Residential Tenancies Act 1986 (“RTA”) 2 Section 109 RTA 3 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281 4374781
In this instance it is a mitigating factor that the tenant was not personally responsible for the methamphetamine contamination.
I will award exemplary damages of $450.00.
The landlord has been successful in this application, and I must also award the landlord the filing fee.
The bond will be released to the landlord.

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 4911833 — net $1,167.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$469.59	Water rates
Cleaning	$120.00	Cleaning
Lawns mowing	$30.00	Lawns mowing
Rubbish removal	$30.00	Rubbish removal
Painting	$1,207.50	Painting
Exemplary damages - methamphetamine	$450.00	Exemplary damages - methamphetamine
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,167.53
Total payable by Tenant to Landlord	$1,167.53

Claims and awards for application 4911833 — net $1,167.53 NZD. Verify on MoJ.

Water rates

Amount: $469.59
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $120.00
Awarded to: Landlord
Reason: Cleaning

Lawns mowing

Amount: $30.00
Awarded to: Landlord
Reason: Lawns mowing

Rubbish removal

Amount: $30.00
Awarded to: Landlord
Reason: Rubbish removal

Painting

Amount: $1,207.50
Awarded to: Landlord
Reason: Painting

Exemplary damages - methamphetamine

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Rubbish Removal Water Rates

Order

Zoe Harris Milne must pay Mid North Real Estate Limited (as agent for Tamsin Steward) $1,167.53 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,160.00 (5538189-012) to Mid North Real Estate Limited immediately.

Reasons

The tenancy began on 15 April 2021 and ended on 15 April 2024.
The landlord’s application seeks water rates, cleaning, lawns, rubbish removal, painting, and exemplary damages.
The hearing took place by phone on 22 October 2024. Both parties attended the hearing. Ms Maraki represented the landlord.
Ms Milne accepted the claims for cleaning, water rates, rubbish removal, and lawn mowing.
Ms Milne also accepted the claim for painting the walls in the kitchen, dining / lounge, and two bedrooms. There was damage to those walls during the tenancy. Ms Milne repaired the damage to a good standard, but painting was necessary.
The cost of painting those walls was $1,610.00. Other painting work was carried out at the insurer’s cost as part of the methamphetamine de- contamination process, but Ms Maraki confirmed that the painting included in this claim was not covered by the insurer.
I have applied depreciation of 25% based on the estimated age of the existing paintwork.
The landlord’s evidence shows that methamphetamine use occurred during the period of the tenancy. The landlord seeks exemplary damages. The Tribunal may award exemplary damages if the tenant uses the premises, or permits the premises to be used, for any unlawful purpose. 1
Ms Milne said that she allowed persons to stay at the unit who had a history of drug problems. They were homeless at the time and Ms Milne was trying to help out. She told them that they could not use drugs when they were staying at the unit, but she accepts that they did so without her knowledge. Ms Milne said that she accepts responsibility on the basis that she allowed them to stay.
The maximum award of exemplary damages is $1,800.00.
In considering an award of exemplary damages the Tribunal must have regard to: 2 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
The usual approach of the Tribunal with exemplary damages is to award one- third of the maximum unless there are aggravating or mitigating factors in play. 3 1 Section 40(2)(b) & 40(3A) Residential Tenancies Act 1986 (“RTA”) 2 Section 109 RTA 3 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281 4374781
In this instance it is a mitigating factor that the tenant was not personally responsible for the methamphetamine contamination.
I will award exemplary damages of $450.00.
The landlord has been successful in this application, and I must also award the landlord the filing fee.
The bond will be released to the landlord.

Tenancy Tribunal case 4911833 — Exemplary damages at 15B Omapere Road, Kaikohe 0405

At a glance

Tenancy Tribunal case 4911833 — Exemplary damages at 15B Omapere Road, Kaikohe 0405

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