What was the outcome of Tenancy Tribunal case 5384462?

The tribunal order states: Brierly Paki to Visions Of A Helping Hand Charitable Trust $18,584.95

How much money was awarded in case 5384462?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5384462?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5384462?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12978323-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5384462?

The tribunal order states: Brierly Paki to Visions Of A Helping Hand Charitable Trust $18,584.95

How much money was awarded in case 5384462?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5384462?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5384462?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12978323-Tenancy_Tribunal_Order.pdf.

86 Old Quarry Road, Selwyn Heights, Rotorua 3015 Tenancy Tribunal Case 5384462 — Rent arrears

Order

Brierly Paki to Visions Of A Helping Hand Charitable Trust $18,584.95 immediately, calculated as follows: AwardAmount ($) Rent arrears$7,149.85 End-of-tenancy cleaning$431.25 Carpet cleaning$112.00 Rubbish removal / dump fees$442.16 Rekeying and replacement of keys$259.00 Repairs for tenant-caused damage (painting, fixtures, fittings)$1,899.33 Methamphetamine testing, re-testing, and decontamination$8,291.36 Total$18,584.95

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 3 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy: $7,149.85.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims and provides evidence of end-of-tenancy cleaning, rubbish removal, carpet cleaning, lock changes, and repairs required to return the premises to a reasonably clean and tidy condition. The landlord relies on the final bond inspection report dated 15 July 2025, including supporting photographs, which record significant cleaning issues, rubbish, missing keys, and multiple areas requiring repair and remediation. The condition recorded at the end of the tenancy is materially worse than would be expected, and the tenant did not leave the premises reasonably clean and tidy. The Tribunal accepts the invoices for end-of-tenancy cleaning ($431.25), carpet cleaning ($112.00), rubbish removal ($442.16), and lock changes ($259.00) as reasonable and directly attributable to the tenant’s breach of obligations. The evidence supports the landlord’s claims.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. physical damage to walls, ceilings, doors, skirtings, fixtures, and fittings requiring repair and repainting; and b. contamination of the premises requiring methamphetamine testing and decontamination.
In relation to the physical damage, the Tribunal accepts the final inspection report and photographs showing damage that is more than fair wear and tear. The tenant has not disproved liability. The invoice for repairs totalling $1,899.33 is reasonable and proved.
In relation to the methamphetamine contamination claim, the landlord relies on pre-tenancy methamphetamine testing undertaken in July 2025, together with further discrete testing and retesting during and following remediation.
The initial lab report dated 25 July 2025 recorded methamphetamine residue in a 10-sample composite, with a calculated theoretical maximum level of 29.3 μg/sample, and discrete sample results identifying contamination in multiple rooms, including the laundry, lounge, kitchen, bathroom, hallway, and bedrooms. Laundry samples were above the Gluckman standard.
Discrete testing undertaken on 14 August 2025 and 11 September 2025 shows continuing contamination during the tenancy period, followed by a reduction in residue levels after remediation. The progression of results is consistent with contamination occurring during the tenancy and remediation being effective.
The Tribunal accepts the testing chronology as probative evidence of contamination during the tenant’s occupation.
The Tribunal orders the tenant to pay the landlord $8,291.36 for methamphetamine contamination of the premises. This amount represents the reasonable and necessary cost of professional methamphetamine testing, re- testing, and decontamination undertaken to remediate contamination caused during the tenancy. The Tribunal is satisfied, on the balance of probabilities, that the contamination occurred during the tenancy and resulted from an activity that is an imprisonable offence, and accordingly section 49B(1) of the Residential Tenancies Act 1986 applies. The amount claimed is supported by laboratory reports and invoices and is proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The amounts ordered are proved.

Tenancy Tribunal case 5384462 — Rent arrears at 86 Old Quarry Road, Selwyn Heights, Rotorua 3015

Tenancy Tribunal case 5384462 — Rent arrears at 86 Old Quarry Road, Selwyn Heights, Rotorua 3015

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Property management