What was Tenancy Tribunal case 4648620 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,169.05 immediately, calculated as

How much money was awarded in case 4648620?

Cleaning: $500.00 awarded to landlord; Previous Order Application 4419102 D…: $4,020.44 awarded to tenant; Previous Order Application 4545434 D…: $2,460.89 awarded to landlord; Previous Order Application 4648620 D…: $5,637.94 awarded to landlord; Property Damage: $220.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Rubbish Removal: $1,127.00 awarded to landlord; Water Rates: $283.66 awarded to landlord

What type of tenancy dispute was case 4648620?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4648620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9712717-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4648620 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,169.05 immediately, calculated as

How much money was awarded in case 4648620?

Cleaning: $500.00 awarded to landlord; Previous Order Application 4419102 D…: $4,020.44 awarded to tenant; Previous Order Application 4545434 D…: $2,460.89 awarded to landlord; Previous Order Application 4648620 D…: $5,637.94 awarded to landlord; Property Damage: $220.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Rubbish Removal: $1,127.00 awarded to landlord; Water Rates: $283.66 awarded to landlord

What type of tenancy dispute was case 4648620?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4648620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9712717-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4648620 — Cleanliness

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4648620 — net $4,169.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4648620 dated 01/09/2023	$5,637.94		Previous order application 4648620 dated 01/09/2023
Previous order application 4545434 dated 09/07/2023	$2,460.89		Previous order application 4545434 dated 09/07/2023
Water rates	$283.66		Water rates
Window repairs	$220.00		Window repairs
Lock/key replacement	$120.00		Lock/key replacement
Rubbish removal	$1,127.00		Rubbish removal
Cleaning	$500.00		Cleaning
Previous order application 4419102 dated 17/01/2023		$4,020.44	Previous order application 4419102 dated 17/01/2023
Total award	$10,349.49	$4,020.44
Net award	$4,169.05
Total payable by Tenant to Landlord	$4,169.05

[The tenant/s] must pay [The landlord/s] $4,169.05 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 1 September 2023 under application 4648620, the Tribunal order made on 9 July 2023 under application number 4545434 and the Tribunal order made on 17 January 2023 under application number 4419102.

The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The landlord’s claims for painting and plastering and exemplary damages are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. Previous orders

In January 2023 the tenant was successful in a claim she bought against the landlord. The Tribunal made an order on 17 January 2023 granting the tenant a total of $6,020.44 in respect of loss of amenity and exemplary damages.

The landlord advised at today’s hearing that she paid $2,000.00 to the tenant in respect of that award. She has provided evidence of two payments of $1,000.00 in April and May 2023.

I have incorporated that order into this order after taking account of the payment made by the landlord. I note that the landlord had applied for a rehearing in respect of that hearing but was unsuccessful.

In July 2023 the landlord was successful in a claim for water rates. The Tribunal made an order on 9 July 2023 for $2,460.89. At today’s hearing the landlord advised that the tenant has not made any payment toward that award.

In September 2023 a mediator’s order granted the landlord rent arrears of $5,637.94. That award was for rent arrears to the end of the tenancy (8 September 2023).

These three earlier orders have been incorporated in this order for enforcement purposes. Landlord’s application

The landlord has applied for water rates, compensation, exemplary damages and refund of the bond following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 8 September 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The water rates awarded is for water used in July and August 2023. The order made on 9 July 2023 did not include water for these months.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The amounts ordered are proved. Painting and plastering

The landlord claimed compensation for repairing holes and painting the bedrooms.

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear.

The landlord did not produce any evidence of the condition of the premises before the tenancy. The landlord produced photographs taken at the end of the tenancy showing small picture holes in the walls and general scuff marks.

On the evidence I am not satisfied that the damage was caused during the tenancy and for some of the damage, that it was more than fair wear and tear.

The landlord’s claim for painting and plastering is not successful and is dismissed. Exemplary damages

[The landlord/s] claims the tenant has used the premises unlawfully, by using illegal drugs at the premises.

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 possess and use controlled drugs under section 7, Misuse of Drugs Act 1975. Methamphetamine is a controlled drug (class A) specified in schedule 1 of the Misuse of Drugs Act 1975.

The tenant had utensils and implements for the use of methamphetamine. These were found in the garage of the premises. The presence of these utensils and implements is evidence that a controlled drug was used on the premises. 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.

In considering whether to grant the claim for exemplary damages I must take account of the intent of the tenant, the effect of the unlawful act, the interests of the landlord and the public interest.

I have determined that it is more likely than not that the established breach was intentional.

In relation to the effect of the unlawful act the landlord has not established that there has been a detrimental effect on the landlord. I note that the landlord has not undertaken any testing to determine whether there has been methamphetamine contamination at the premises. As no testing has been carried out, no remediation is required. Also, at the hearing the landlord said that the garage is not used for living in which suggests that there will be no impact on future tenants.

While there is a strong public interest that controlled drugs are not used, there is insufficient evidence in relation to this claim to support payment of exemplary damages to the landlord.

Given my assessment of the evidence I make no award for exemplary damages against the tenant. The landlord’s claim is dismissed. Suppression and Filing Fee

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties or is justified because of the parties conduct or any other circumstances of the case.

In this case, the landlord has been substantially successful in the proceedings and therefore I grant suppression of the landlord ’s name and identifying details.

I have also suppressed the tenant’s name and identifying details because I have incorporated an earlier order where the tenant was successful, and that Tribunal ordered suppressed her name and identifying details.

I make no award for reimbursement of the filing fee because that was reimbursed to the landlord in the mediator order made on 1 September 2023.

Order

Claims and awards in Tenancy Tribunal application 4648620 — net $4,169.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4648620 dated 01/09/2023	$5,637.94		Previous order application 4648620 dated 01/09/2023
Previous order application 4545434 dated 09/07/2023	$2,460.89		Previous order application 4545434 dated 09/07/2023
Water rates	$283.66		Water rates
Window repairs	$220.00		Window repairs
Lock/key replacement	$120.00		Lock/key replacement
Rubbish removal	$1,127.00		Rubbish removal
Cleaning	$500.00		Cleaning
Previous order application 4419102 dated 17/01/2023		$4,020.44	Previous order application 4419102 dated 17/01/2023
Total award	$10,349.49	$4,020.44
Net award	$4,169.05
Total payable by Tenant to Landlord	$4,169.05