What was Tenancy Tribunal case 4306794 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4306794?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4306794?

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

Where can I read the official tribunal order for case 4306794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8721967-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4306794 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4306794?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4306794?

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

Where can I read the official tribunal order for case 4306794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8721967-Tribunal_Order_Redacted.pdf.

48 Lynmore Drive, Manurewa, Auckland 2102 Tenancy Tribunal Case 4306794 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of one Tenants name and identifying details. This suppression order does not extend to Mr Taurean McLean McKenzie.
The landlord did not oppose the granting of suppression for the other tenant.

Reasons

The landlord and the other tenant attended the hearing. Mr McLean McKenzie did not attend the hearing despite the Tribunal phoning him several times on his mobile number.
The landlord has applied for rent arrears, refund of the bond, water bills, lock and key replacement costs, insurance excess for the methamphetamine(meth) decontamination and exemplary damages for unlawful use of premise and failing to vacate the premise after termination. Background
The joint tenants took possession of the premise on 2 July 2019. The tenants were in a relationship at the start and during most of the tenancy. However, the other tenant left the property on 27 February 2021 after discovering that Mr McLean McKenzie was using meth in the home.
The other tenant denies using meth at all and underwent a drug test that confirmed she did not have any drugs in her system at the time the property was being tested. The landlord does not dispute that the other tenant is not responsible for using meth in the property.
At the time that the other tenant had left the property the rent arrears were approximately $590.00.
Unfortunately for personal reasons, the other tenant did not seek to remove herself from the tenancy agreement at the time she left the property.
She did ask the landlord on 3 May 2021 if she could be taken off the tenancy agreement. That did not eventuate due to further disclosures made by the other tenant to the landlord.
Mr McLean McKenzie remained in the property after the other tenant left on 27 February 2021.
On 10 th of May 2021 the other tenant advised the landlord that Mr McLean McKenzie was using meth at the property. This disclosure lead to the landlord undertaking meth testing and termination of the tenancy.
As a result of the meth testing the property was classed as uninhabitable as it returned a meth result of over 15ug on the 24 th May 2021.
Mr McLean McKenzie was given 7 days written notice to leave the property. Mr McLean McKenzie eventually left the property on 4 June 2021.
These results required the entire property to be decontaminated. Furthermore, the property required extensive restoration after the decontamination. The total cost of the testing, decontamination and restoration was $40,284.25.
The landlord is seeking the insurance excess of $1250.00. Issue
The other tenant claims that she is not responsible for any of the rent arrears, water bills, lock replacement, failure to leave at the end of tenancy and the unlawful use of the property.
I do find that the other tenant did not use meth in the property nor stay beyond the end of the tenancy. Furthermore, that the other claims sought by the landlord have occurred after she left the property on 27 February 2021.
It is very unfortunate that the other tenant finds herself in this situation. Despite having every sympathy for her the law is very clear. This was a joint tenancy and so there is joint and several liability.
Both tenants are therefore responsible for the debts incurred.
However, the landlord is at liberty to seek compensation from either one or both tenants.
Furthermore, the other tenant can pursue any debt she incurs against Mr McLean McKenzie in the dispute’s tribunal. Insurance excess
The landlord had provided invoices, results of testing and insurance documentation to prove the amount of the insurance excess. I am satisfied that the landlord has proven their claim for the insurance excess Rent arrears/water bills
The landlord has applied for rent arrears and water bills and has provided rent records and water bills which prove the amount owing up to 4 June 2021.
I am satisfied that the landlord had proven their claim for the rent arrears and water bills. I acknowledge that the bulk of the rent arrears have occurred after the other tenant has left the property. Key/Locks
The landlord has provided an invoice for the cost of replacing the locks and keys. During the tenancy the tenants have changed the locks without the landlord’s knowledge. The locks and keys had to be replaced.
I am satisfied that the landlord has proven their claim relating to the keys and lock. Exemplary damages failure to vacate and unlawful use of premise
The landlord claims the tenant did not vacate the premises on 31 May 2021, the date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
Mr McLean McKenzie did not leave the property until 4 June 2021. I find they have committed an unlawful act.
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.
Mr McLean McKenzie was aware of the meth results, that the property was declared an uninhabitable, he had a hand delivered letter advising of the termination of the tenancy and the date he must leave. Despite this knowledge the tenant remained at the property for another 5 days.
The effect of this unlawful act on the landlord was that his arrangements to have the property decontaminated were put on hold. The landlord had lined up several professional contractors to remedy the work required on the property. As the tenant failed to leave the work had to be rescheduled and as a consequent the landlord was unable to remedy and re-tenant the property for some period.
It is in the landlord’s and public interest that contaminated properties are remedies immediately.
A further consequence of this failure to vacate is an increase in rent arrears that the tenant must also be responsible for.
I award the landlord $500 in exemplary damages for the tenant failing to leave the property at the end of the tenancy.
Wise Property Management Limited And Yun Fan claims the tenant has used the premises unlawfully, by using meth at the property.
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.
It is unlawful to use meth in the property.
The tenant, Mr McLean McKenzie has used meth in the property. I find he has committed an unlawful act.
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 consequences of Mr McLean McKenzie’s use of meth in the property had been a significant cost to remedy and restore the property for the landlord. Furthermore, the landlord has lost rent while this process has been worked through.
It is in the landlord’s and public interest that tenants do not use meth in the property.
I award the landlord $600.00 in exemplary damages for the tenant’s unlawful act in their property.
Because Wise Property Management Limited And Yun Fan has wholly succeeded with the claim I must reimburse the filing fee.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of one Tenants name and identifying details. This suppression order does not extend to Mr Taurean McLean McKenzie.
The landlord did not oppose the granting of suppression for the other tenant.

Reasons

The landlord and the other tenant attended the hearing. Mr McLean McKenzie did not attend the hearing despite the Tribunal phoning him several times on his mobile number.
The landlord has applied for rent arrears, refund of the bond, water bills, lock and key replacement costs, insurance excess for the methamphetamine(meth) decontamination and exemplary damages for unlawful use of premise and failing to vacate the premise after termination. Background
The joint tenants took possession of the premise on 2 July 2019. The tenants were in a relationship at the start and during most of the tenancy. However, the other tenant left the property on 27 February 2021 after discovering that Mr McLean McKenzie was using meth in the home.
The other tenant denies using meth at all and underwent a drug test that confirmed she did not have any drugs in her system at the time the property was being tested. The landlord does not dispute that the other tenant is not responsible for using meth in the property.
At the time that the other tenant had left the property the rent arrears were approximately $590.00.
Unfortunately for personal reasons, the other tenant did not seek to remove herself from the tenancy agreement at the time she left the property.
She did ask the landlord on 3 May 2021 if she could be taken off the tenancy agreement. That did not eventuate due to further disclosures made by the other tenant to the landlord.
Mr McLean McKenzie remained in the property after the other tenant left on 27 February 2021.
On 10 th of May 2021 the other tenant advised the landlord that Mr McLean McKenzie was using meth at the property. This disclosure lead to the landlord undertaking meth testing and termination of the tenancy.
As a result of the meth testing the property was classed as uninhabitable as it returned a meth result of over 15ug on the 24 th May 2021.
Mr McLean McKenzie was given 7 days written notice to leave the property. Mr McLean McKenzie eventually left the property on 4 June 2021.
These results required the entire property to be decontaminated. Furthermore, the property required extensive restoration after the decontamination. The total cost of the testing, decontamination and restoration was $40,284.25.
The landlord is seeking the insurance excess of $1250.00. Issue
The other tenant claims that she is not responsible for any of the rent arrears, water bills, lock replacement, failure to leave at the end of tenancy and the unlawful use of the property.
I do find that the other tenant did not use meth in the property nor stay beyond the end of the tenancy. Furthermore, that the other claims sought by the landlord have occurred after she left the property on 27 February 2021.
It is very unfortunate that the other tenant finds herself in this situation. Despite having every sympathy for her the law is very clear. This was a joint tenancy and so there is joint and several liability.
Both tenants are therefore responsible for the debts incurred.
However, the landlord is at liberty to seek compensation from either one or both tenants.
Furthermore, the other tenant can pursue any debt she incurs against Mr McLean McKenzie in the dispute’s tribunal. Insurance excess
The landlord had provided invoices, results of testing and insurance documentation to prove the amount of the insurance excess. I am satisfied that the landlord has proven their claim for the insurance excess Rent arrears/water bills
The landlord has applied for rent arrears and water bills and has provided rent records and water bills which prove the amount owing up to 4 June 2021.
I am satisfied that the landlord had proven their claim for the rent arrears and water bills. I acknowledge that the bulk of the rent arrears have occurred after the other tenant has left the property. Key/Locks
The landlord has provided an invoice for the cost of replacing the locks and keys. During the tenancy the tenants have changed the locks without the landlord’s knowledge. The locks and keys had to be replaced.
I am satisfied that the landlord has proven their claim relating to the keys and lock. Exemplary damages failure to vacate and unlawful use of premise
The landlord claims the tenant did not vacate the premises on 31 May 2021, the date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
Mr McLean McKenzie did not leave the property until 4 June 2021. I find they have committed an unlawful act.
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.
Mr McLean McKenzie was aware of the meth results, that the property was declared an uninhabitable, he had a hand delivered letter advising of the termination of the tenancy and the date he must leave. Despite this knowledge the tenant remained at the property for another 5 days.
The effect of this unlawful act on the landlord was that his arrangements to have the property decontaminated were put on hold. The landlord had lined up several professional contractors to remedy the work required on the property. As the tenant failed to leave the work had to be rescheduled and as a consequent the landlord was unable to remedy and re-tenant the property for some period.
It is in the landlord’s and public interest that contaminated properties are remedies immediately.
A further consequence of this failure to vacate is an increase in rent arrears that the tenant must also be responsible for.
I award the landlord $500 in exemplary damages for the tenant failing to leave the property at the end of the tenancy.
Wise Property Management Limited And Yun Fan claims the tenant has used the premises unlawfully, by using meth at the property.
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.
It is unlawful to use meth in the property.
The tenant, Mr McLean McKenzie has used meth in the property. I find he has committed an unlawful act.
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 consequences of Mr McLean McKenzie’s use of meth in the property had been a significant cost to remedy and restore the property for the landlord. Furthermore, the landlord has lost rent while this process has been worked through.
It is in the landlord’s and public interest that tenants do not use meth in the property.
I award the landlord $600.00 in exemplary damages for the tenant’s unlawful act in their property.
Because Wise Property Management Limited And Yun Fan has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4306794 — Rent arrears at 48 Lynmore Drive, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4306794 — Rent arrears at 48 Lynmore Drive, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions