Published tribunal order
Tenancy Tribunal case 5234318 — Rent arrears at 8 Arene Grove, Titahi Bay, Porirua 5022
Decided 7 May 2025 · Published 7 May 2025 · Application 5234318
Landlord favoured
- Rent arrears
Order
(including kitchen 210μg/100cm 2 reading)
- The tenancy of Sarah Margaret Reihana at 8 Arene Grove, Titahi Bay, Porirua 5022 is terminated, and possession is granted to Te Ahuru Mowai Limited Partnership, immediately.
- The Bond Centre is to pay the bond of $222.00 (3110039-011) to Te Ahuru Mowai Limited Partnership immediately.
- Sarah Margaret Reihana must pay Te Ahuru Mowai Limited Partnership $823.50 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 8 May 2025 Filing fee $1,018.50 $27.00 Less Bond-$222.00 Total payable by Tenant to Landlord$823.50
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, the filing fee and refund of the bond.
Should the tenancy be terminated?
- The landlord has applied for termination on two grounds. The first is that the premises is contaminated by methamphetamine. The second ground is that the rent is substantially in arrears. Methamphetamine
- Methamphetamine testing took place at the premises on Friday 4 April 2025. This testing occurred because the landlord became concerned about the tenant’s use of the premises. The analysis of the readings taken on 4 April includes the following: a. Dining Room 25ug/100cm 2 b. Hallway 62μg/100cm 2 c. Bathroom 17.4μg/100cm 2 d. Bedroom 26μg/100cm 2 e. Lounge 36μg/100cm 2 f. Kitchen 210μg/100cm 2
- In May 2018, Professor Sir Peter Gluckman, then Chief Scientific Advisor to the Prime Minister released a report in which he recommended that a methamphetamine level below 15μg/100cm 2 would be unlikely to give rise to adverse health effects. The methamphetamine readings at 8 Arene Grove, Titahi Bay, show levels that are substantially higher than 15μg/100cm 2 .
- In the present cases the testing proves that premises is contaminated by a high level of methamphetamine residue. The premises is unsafe to live in. Based on the evidence available I am satisfied that the contamination has occurred during Sarah Reihana’s tenancy, which began 7 years ago. The tenancy must be terminated. Rent arrears
- Regarding termination for rent arrears, the landlord provided rent records which prove the amount owing at the date of the hearing. Rent is $88.00 per week. The arrears are currently $1,018.50. Rent was at least 21 days in arrears on the date the application was filed. The arrears are also grounds for termination of this tenancy. See section 55(1)(a) Residential Tenancies Act 1986.