What was Tenancy Tribunal case 4668989 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 4668989?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4668989?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4668989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9899100-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4668989 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 4668989?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4668989?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4668989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9899100-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4668989 — Exemplary damages

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of Landlords name and identifying details.
The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The landlord/s] immediately. The balance of the bond shall remain at the Bond Centre.

Reasons

The Landlord attended the hearing with a Mandarin interpreter. The Tenant did not appear.
The Landlord applied for exemplary damages and refund of the bond.
[The landlord/s] claims the tenant has used the premises unlawfully, by growing cannabis 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 cultivate cannabis under the Misuse of Drugs Act 1975.
The tenant grew large quantities of cannabis at the property. The Landlord provided evidence of the Police search warrant, photographs of the equipment used to cultivate cannabis and gave oral evidence regarding their phone call with the Police when they were told the Tenant done this. The Police advised the Landlord they were unable to find the Tenant and would not be able to proceed with their case against him.
I find the Tenant 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 Landlord submitted the Tenant intentionally cultivated cannabis on the property indicated by the substantial amount of cannabis equipment which was left at the property, the windows being boarded up, the doors were all removed, water pipes were dismantled in the ceiling and the Tenant left cameras behind. They provided false contact details to the Landlord so they could not contact them by telephone or email. They abandoned the property and left behind a car at the property.
The effect this had on the Landlord is a loss of rental income because of the massive damage left behind which they need to repair before they can rent the property out. Photographs were provided of some of the damage in all of the bedrooms. The Landlord was also pregnant, and her husband is in New Zealand on a travel visa so he is unable to work. This has caused financial difficulties and stress for the landlord.
In considering the evidence, I find on the balance of probabilities that the Tenant did intentionally cultivate cannabis on the property. This is from the photographs showing all of the equipment left behind, the police search warrant and the Landlord’s oral evidence of their conversations with police. The impact has been significant in that the Landlord has a loss of rental income and will not be able to rent the property out for a number of months until the repairs have been fixed.
I consider $1000.00 is fair and reasonable to award in exemplary damages given the impact this has had on the Landlord.
The Landlord has applied for exemplary damages but did not apply for compensation for the damage to the property. The maximum amount they can claim for exemplary damages is $1800.00. For this reason, the whole bond has not been refunded.
The Landlord may want to contact Tenancy services for assistance or see a lawyer for legal advice regarding any further claims they can make to have a further refund of the bond.
As the Landlord has been successful in this application for exemplary damages, name suppression is granted to the Landlord.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of Landlords name and identifying details.
The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The landlord/s] immediately. The balance of the bond shall remain at the Bond Centre.

Reasons

The Landlord attended the hearing with a Mandarin interpreter. The Tenant did not appear.
The Landlord applied for exemplary damages and refund of the bond.
[The landlord/s] claims the tenant has used the premises unlawfully, by growing cannabis 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 cultivate cannabis under the Misuse of Drugs Act 1975.
The tenant grew large quantities of cannabis at the property. The Landlord provided evidence of the Police search warrant, photographs of the equipment used to cultivate cannabis and gave oral evidence regarding their phone call with the Police when they were told the Tenant done this. The Police advised the Landlord they were unable to find the Tenant and would not be able to proceed with their case against him.
I find the Tenant 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 Landlord submitted the Tenant intentionally cultivated cannabis on the property indicated by the substantial amount of cannabis equipment which was left at the property, the windows being boarded up, the doors were all removed, water pipes were dismantled in the ceiling and the Tenant left cameras behind. They provided false contact details to the Landlord so they could not contact them by telephone or email. They abandoned the property and left behind a car at the property.
The effect this had on the Landlord is a loss of rental income because of the massive damage left behind which they need to repair before they can rent the property out. Photographs were provided of some of the damage in all of the bedrooms. The Landlord was also pregnant, and her husband is in New Zealand on a travel visa so he is unable to work. This has caused financial difficulties and stress for the landlord.
In considering the evidence, I find on the balance of probabilities that the Tenant did intentionally cultivate cannabis on the property. This is from the photographs showing all of the equipment left behind, the police search warrant and the Landlord’s oral evidence of their conversations with police. The impact has been significant in that the Landlord has a loss of rental income and will not be able to rent the property out for a number of months until the repairs have been fixed.
I consider $1000.00 is fair and reasonable to award in exemplary damages given the impact this has had on the Landlord.
The Landlord has applied for exemplary damages but did not apply for compensation for the damage to the property. The maximum amount they can claim for exemplary damages is $1800.00. For this reason, the whole bond has not been refunded.
The Landlord may want to contact Tenancy services for assistance or see a lawyer for legal advice regarding any further claims they can make to have a further refund of the bond.
As the Landlord has been successful in this application for exemplary damages, name suppression is granted to the Landlord.

Tenancy Tribunal case 4668989 — Exemplary damages

At a glance

Tenancy Tribunal case 4668989 — Exemplary damages

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