Published tribunal order
Tenancy Tribunal case 4940533 — Exemplary damages at 201 Crawford Street, Glengarry, Invercargill 9810
Decided 11 Feb 2025 · Published 11 Feb 2025 · Application 4940533
Landlord favoured
- Exemplary damages
- Property damage
Order
- Brennah Kate Morton and Barrie Morton must pay Inspire Property Management Limited - As Agent For Ben And Emma First Homes Tapui Trust $1,077.00 calculated in the table below immediately.
- 00
- 00 Total payable by Tenant to Landlord$1,077.00
Reasons
- Both parties attended the hearing.
- The tenancy came to an end on 17 June 2024. Meth testing was completed that recorded some very high readings.
- Lucky for the tenant, the landlords insurance covered the clean up costs and only one insurance excess applied.
- Inspire Property Management Limited - As Agent For Ben And Emma First Homes Tapui Trust claims the tenant has used the premises unlawfully, by using methamphetamine in the property and therefore seeks exemplary damages.
- A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
- Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
- The tenant took full responsibility and did not dispute the claim. She was very remorseful and embarrassed.
- Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
- The bond has previously been returned to the owner for payment of the excess for this claim and for another claim together with rent arrears. This has been taken into consideration in the calculations.
- Because Inspire Property Management Limited - As Agent For Ben And Emma First Homes Tapui Trust has wholly succeeded with the claim I must reimburse the filing fee.