What was the outcome of Tenancy Tribunal case 4707029?

The tribunal order states: Sarah Broughton must pay Rental HQ Limited $11,417.67 immediately,

How much money was awarded in case 4707029?

Cleaning: $3,436.20 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Methamphetamine Testing: $1,014.30 awarded to landlord; Property Damage: $929.90 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Remove Fire Pit And Re-Grass Area: $207.00 awarded to landlord; Rent Arrears: $654.29 awarded to landlord; Replace Shower Drain Cover And Unclo…: $138.00 awarded to landlord; Rubbish Removal: $1,276.50 awarded to landlord; Water Rates: $241.04 awarded to landlord

What type of tenancy dispute was case 4707029?

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

Where can I read the official tribunal order for case 4707029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10186700-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4707029?

The tribunal order states: Sarah Broughton must pay Rental HQ Limited $11,417.67 immediately,

How much money was awarded in case 4707029?

Cleaning: $3,436.20 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Methamphetamine Testing: $1,014.30 awarded to landlord; Property Damage: $929.90 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Remove Fire Pit And Re-Grass Area: $207.00 awarded to landlord; Rent Arrears: $654.29 awarded to landlord; Replace Shower Drain Cover And Unclo…: $138.00 awarded to landlord; Rubbish Removal: $1,276.50 awarded to landlord; Water Rates: $241.04 awarded to landlord

What type of tenancy dispute was case 4707029?

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

Where can I read the official tribunal order for case 4707029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10186700-Tenancy_Tribunal_Order.pdf.

6 Coburg Street, Henderson, Auckland 0612 Tenancy Tribunal Case 4707029 — Cleanliness

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Claims and awards in Tenancy Tribunal application 4707029 — net $11,417.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to vacate date	$654.29	Rent arrears to vacate date
Water rates	$241.04	Water rates
Rubbish removal	$1,276.50	Rubbish removal
Remove fire pit and re-grass area	$207.00	Remove fire pit and re-grass area
Change locks; repair light on back door; lawn mowing	$929.90	Change locks; repair light on back door; lawn mowing
Replace shower drain cover and unclog drain	$138.00	Replace shower drain cover and unclog drain
Repair holes in walls, doors, kitchen cabinetry, replace ranch slider door glass, remove graffiti, cleaning	$3,436.20	Repair holes in walls, doors, kitchen cabinetry, replace ranch slider door glass, remove graffiti, cleaning
Methamphetamine testing	$1,014.30	Methamphetamine testing
Insurance excess for methamphetamine remediation	$2,500.00	Insurance excess for methamphetamine remediation
Exemplary damages for using premises for unlawful purpose	$1,000.00	Exemplary damages for using premises for unlawful purpose
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,417.67
Total payable by Tenant to Landlord	$11,417.67

Claims and awards in Tenancy Tribunal application 4707029 — net $11,417.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to vacate date

$654.29

Rent arrears to vacate date

Water rates

$241.04

Water rates

Rubbish removal

$1,276.50

Rubbish removal

Remove fire pit and re-grass area

$207.00

Remove fire pit and re-grass area

Change locks; repair light on back door; lawn mowing

$929.90

Change locks; repair light on back door; lawn mowing

Replace shower drain cover and unclog drain

$138.00

Replace shower drain cover and unclog drain

Repair holes in walls, doors, kitchen cabinetry, replace ranch slider door glass, remove graffiti, cleaning

$3,436.20

Repair holes in walls, doors, kitchen cabinetry, replace ranch slider door glass, remove graffiti, cleaning

Methamphetamine testing

$1,014.30

Methamphetamine testing

Insurance excess for methamphetamine remediation

$2,500.00

Insurance excess for methamphetamine remediation

Exemplary damages for using premises for unlawful purpose

$1,000.00

Exemplary damages for using premises for unlawful purpose

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$11,417.67

Total payable by Tenant to Landlord

$11,417.67

Reasons

Ms Walker represented the landlord. The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The Tribunal terminated the tenancy by order dated 17 August 2023. Possession was granted to the landlord on 28 August 2023. The landlord provided rent records and water rates invoices which prove the amount of rent and water rates owing at the end of the tenancy.

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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount of rubbish that had to be removed was considerable.

The tenant did not return the keys.

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: there was damage to walls, doors, the ranch slider, a light and to kitchen cabinetry. A fire pit had been dug and the area had to be remediated and re-grassed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenant, or someone at the premises with her consent, used or permitted the use of methamphetamine. The landlord had to have the premises decontaminated. The levels of contamination ranged to a maximum of 28.4 μg/100cm². The Tribunal works to a level of 15 μg/100cm² to establish contamination following use, and 1.5μg/100cm² for manufacture. The premises are considered to be methamphetamine contaminated.

The tenant’s liability is capped at the amount of the landlord’s insurance excess. But for that her liability would have been far greater.

The amounts ordered are proved by invoices and photos and by the evidence Ms Walker gave at the hearing. Exemplary damages.

A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) RTA.

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 RTA.

Exemplary damages are designed to punish and deter. They are like a fine, but in the civil context.

It is unlawful to possess, manufacture or use methamphetamine.

The premises were tested before the start of the tenancy and had no methamphetamine contamination. At the end of the tenancy, testing showed methamphetamine contamination up to 28.4 μg/100cm².

I find that the tenant committed an unlawful act by using or allowing the use of methamphetamine at the premises.

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) RTA.

Using or permitting the use of methamphetamine is an intentional act.

Using the premises for an unlawful purpose was against the landlord’s interests and it had an effect on the landlord who incurred financial loss. An insurance claim increases the amount of premium the insurer charges its insured. The tenant’s actions were against the public interest as well; the use of drugs, prohibited by law, is not in the public interest.

I award the landlord exemplary damages of $1,000.00 for the tenant’s use of the premises for an unlawful purpose.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 4707029 — net $11,417.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to vacate date	$654.29	Rent arrears to vacate date
Water rates	$241.04	Water rates
Rubbish removal	$1,276.50	Rubbish removal
Remove fire pit and re-grass area	$207.00	Remove fire pit and re-grass area
Change locks; repair light on back door; lawn mowing	$929.90	Change locks; repair light on back door; lawn mowing
Replace shower drain cover and unclog drain	$138.00	Replace shower drain cover and unclog drain
Repair holes in walls, doors, kitchen cabinetry, replace ranch slider door glass, remove graffiti, cleaning	$3,436.20	Repair holes in walls, doors, kitchen cabinetry, replace ranch slider door glass, remove graffiti, cleaning
Methamphetamine testing	$1,014.30	Methamphetamine testing
Insurance excess for methamphetamine remediation	$2,500.00	Insurance excess for methamphetamine remediation
Exemplary damages for using premises for unlawful purpose	$1,000.00	Exemplary damages for using premises for unlawful purpose
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,417.67
Total payable by Tenant to Landlord	$11,417.67