What was the outcome of Tenancy Tribunal case 5031770?

The tribunal order states: Tremains Rentals Rotorua Limited As Acting Agent For Grizzly Investments Ltd

How much money was awarded in case 5031770?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5031770?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5031770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11086651-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5031770?

The tribunal order states: Tremains Rentals Rotorua Limited As Acting Agent For Grizzly Investments Ltd

How much money was awarded in case 5031770?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5031770?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5031770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11086651-Tenancy_Tribunal_Order.pdf.

14 Wrigley Road, Fordlands, Rotorua 3015 Tenancy Tribunal Case 5031770 — Cleanliness

Reasons

Both parties attended the hearing.

The Landlord has applied for possession of the premises following the termination of the tenancy.

The Landlord gained entry to the premises pursuant to s 48(2)(ba) and tested the property for methamphetamine. A reading of 440μg/100cm² was returned from a composite test of the premises with the highest individual sample returned being 440μg/100cm² in the dining room.

Prior to the tenancy the Landlord tested the premises for methamphetamine and these were the results of the testing: Test One Result: 0.52μg/100cm² Test Two Result: <0.02μg/100cm²

Consequently, the Landlord gave notice pursuant to s 59A to terminate the tenancy. The relevant portion of that notice states: “Recently the landlord conducted a test for methamphetamine in accordance with both a clause in the tenancy agreement permitting the landlord to do so and with the authority of Section 48 (2) (ba) of the RTA.” “You were given 48 hours notice plus service time of the inspection for contaminants. The result of the test for methamphetamine was positive and above the recommended level for human habitation of 15μg/100cm2 for the whole dwelling. The Tenancy Tribunal has generally applied the Gluckman recommendation of 15μg/100cm2 for human habitation. This approach was approved by the District Court in Full Circle Real Estate Limited v Piper [2019] NZDC 4947. “In plain terms the dwelling is regarded as uninhabitable, and you are no longer permitted to reside there.” “RENT You should be aware that from the date of this notice no further rent is payable because the dwelling is uninhabitable. Take further notice that the rent stops at the point where the tenancy premises become completely uninhabitable. Where it can be shown that the tenant introduced the methamphetamine contamination, then the tenant may be made liable for the costs involved in cleaning the rental property and associated costs.” “TAKE NOTICE Because the dwelling is now uninhabitable, the landlord hereby gives you seven (7) days notice to leave the rental property. You should make arrangements to leave the rental property as soon as possible but not longer than seven (7) days.”

The notice is valid.

The plain meaning of uninhabitable: not fit to live in; impossible to live in. 1

The premises are deemed uninhabitable due to methamphetamine contamination at 440μg/100cm², far exceeding the 15μg/100cm² safety threshold. Uninhabitability is based on health risks, not occupancy. The home may not be impossible to live in, but it is certainly not fit for habitation, as the health and safety of occupants is deemed an essential precondition for habitation under the Residential Tenancies Act.

Contamination above 15μg/100cm², as seen here, creates unsafe conditions due to health hazards from methamphetamine exposure, justifying classification as uninhabitable under section 59A.

The Tenants’ methamphetamine use caused contamination beyond the safe limit, rendering the premises unfit for habitation.

This uninhabitable state directly results from the Tenants’ breach, satisfying the section 59A grounds for termination. 1 Oxford Advanced American Dictionary

The tenancy terminated on 11 October 2024. The Tenants have failed to quit the premises. Consequently, I grant possession to the Landlord.

Order

Tremains Rentals Rotorua Limited As Acting Agent For Grizzly Investments Ltd is granted possession of the premises at 14 Wrigley Road, Fordlands, Rotorua 3015 immediately.

Reasons

Both parties attended the hearing.
The Landlord has applied for possession of the premises following the termination of the tenancy.
The Landlord gained entry to the premises pursuant to s 48(2)(ba) and tested the property for methamphetamine. A reading of 440μg/100cm² was returned from a composite test of the premises with the highest individual sample returned being 440μg/100cm² in the dining room.
Prior to the tenancy the Landlord tested the premises for methamphetamine and these were the results of the testing: Test One Result: 0.52μg/100cm² Test Two Result: <0.02μg/100cm²
Consequently, the Landlord gave notice pursuant to s 59A to terminate the tenancy. The relevant portion of that notice states: “Recently the landlord conducted a test for methamphetamine in accordance with both a clause in the tenancy agreement permitting the landlord to do so and with the authority of Section 48 (2) (ba) of the RTA.” “You were given 48 hours notice plus service time of the inspection for contaminants. The result of the test for methamphetamine was positive and above the recommended level for human habitation of 15μg/100cm2 for the whole dwelling. The Tenancy Tribunal has generally applied the Gluckman recommendation of 15μg/100cm2 for human habitation. This approach was approved by the District Court in Full Circle Real Estate Limited v Piper [2019] NZDC 4947. “In plain terms the dwelling is regarded as uninhabitable, and you are no longer permitted to reside there.” “RENT You should be aware that from the date of this notice no further rent is payable because the dwelling is uninhabitable. Take further notice that the rent stops at the point where the tenancy premises become completely uninhabitable. Where it can be shown that the tenant introduced the methamphetamine contamination, then the tenant may be made liable for the costs involved in cleaning the rental property and associated costs.” “TAKE NOTICE Because the dwelling is now uninhabitable, the landlord hereby gives you seven (7) days notice to leave the rental property. You should make arrangements to leave the rental property as soon as possible but not longer than seven (7) days.”
The notice is valid.
The plain meaning of uninhabitable: not fit to live in; impossible to live in. 1
The premises are deemed uninhabitable due to methamphetamine contamination at 440μg/100cm², far exceeding the 15μg/100cm² safety threshold. Uninhabitability is based on health risks, not occupancy. The home may not be impossible to live in, but it is certainly not fit for habitation, as the health and safety of occupants is deemed an essential precondition for habitation under the Residential Tenancies Act.
Contamination above 15μg/100cm², as seen here, creates unsafe conditions due to health hazards from methamphetamine exposure, justifying classification as uninhabitable under section 59A.
The Tenants’ methamphetamine use caused contamination beyond the safe limit, rendering the premises unfit for habitation.
This uninhabitable state directly results from the Tenants’ breach, satisfying the section 59A grounds for termination. 1 Oxford Advanced American Dictionary
The tenancy terminated on 11 October 2024. The Tenants have failed to quit the premises. Consequently, I grant possession to the Landlord.

Tenancy Tribunal case 5031770 — Cleanliness at 14 Wrigley Road, Fordlands, Rotorua 3015

At a glance

Tenancy Tribunal case 5031770 — Cleanliness at 14 Wrigley Road, Fordlands, Rotorua 3015

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