What was Tenancy Tribunal case 4758519 about?

The tribunal order states: The tenancy of [The tenant/s] at Flat 2, 47 Wihongi Street, Kaikohe 0405 is

How much money was awarded in case 4758519?

And Ben De Roode: $20.44 awarded to landlord

What type of tenancy dispute was case 4758519?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4758519?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9765952-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4758519 about?

The tribunal order states: The tenancy of [The tenant/s] at Flat 2, 47 Wihongi Street, Kaikohe 0405 is

How much money was awarded in case 4758519?

And Ben De Roode: $20.44 awarded to landlord

What type of tenancy dispute was case 4758519?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4758519?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9765952-Tenancy_Tribunal_Order.pdf.

Flat 2, 47 Wihongi Street, Kaikohe 0405 Tenancy Tribunal Case 4758519 — Smoke alarms

Order

Claims and awards in Tenancy Tribunal application 4758519. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and Ben De Roode	$20.44		and Ben De Roode

The tenancy of [The tenant/s] at Flat 2, 47 Wihongi Street, Kaikohe 0405 is terminated, and possession is granted to Mid North Real Estate Limited (as agents for Alex and [The landlord/s] immediately.

[The tenant/s] is to pay Mid North Real Estate Limited (as agents for Alex and [The landlord/s] $20.44 immediately, being the filing fee for this application.

Reasons

The application seeks termination of the tenancy.

The hearing took place by phone today, 15 December 2023.

Ms van Englen represented the landlord at the hearing. The tenant could not be contacted. The hearing proceeded in the absence of the tenant.

The tenancy began on 7 July 2023.

Mid North tested the premises for methamphetamine before the start of the tenancy.

The result was positive at a very low level of 0.32 micrograms per 100cm2 on five sample composite.

During the tenancy Mid North received information that caused them to suspect drug activity at the premises.

Mid North carried out further testing in late November.

The test results showed significantly elevated levels of methamphetamine, including a reading of 24.2 micrograms per 100cm2 on a sample taken from the bedroom.

Mid North filed this application on 6 December.

On 13 December they issued a 7-day notice to terminate the tenancy on the grounds that the premises are uninhabitable 1 . The tenancy would terminate on 22 December 2023 pursuant to that notice.

The Tenancy Tribunal may make an order terminating a tenancy if 2 : a. The tenant has breached a breach of a term of the tenancy agreement or of the Residential Tenancies Act 1986; and b. If the breach is capable of being remedied, the landlord has issued a notice to the tenant giving them a reasonable period of time (not less than 14- days) to remedy the breach; and c. The breach was not remedied within the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination.

Mid North’s evidence establishes that the tenant breached the RTA by: a. Using the premises, or permitting the premises to be used, for an unlawful purpose 3 ; and b. Causing damage to the premises (methamphetamine contamination) 4 ; and c. Interfering with the means of escape from fire (removal of smoke alarms) 5 .

Using the premises for an unlawful purpose is a breach that cannot be remedied.

The nature and extent of the breach is such that it would be inequitable to refuse the request for termination, having regard to the following factors: a. The extent of contamination, together with other information provided to the landlord, indicates the possibility that methamphetamine manufacture has taken place at the premises during the tenancy. 1 Section 59A Residential Tenancies Act 1986 (RTA) 2 Section 56 RTA 3 Section 40(2)(b) RTA 4 Section 40(2)(a) RTA 5 Section 40(2)(ab) RTA b. The premises are at risk if the tenancy is allowed to continue. c. The safety of any visitors to the property is at risk if the tenancy is allowed to continue.

The tenancy is terminated.

The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4758519. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and Ben De Roode	$20.44		and Ben De Roode

Order

The tenancy of [The tenant/s] at Flat 2, 47 Wihongi Street, Kaikohe 0405 is terminated, and possession is granted to Mid North Real Estate Limited (as agents for Alex and [The landlord/s] immediately.
[The tenant/s] is to pay Mid North Real Estate Limited (as agents for Alex and [The landlord/s] $20.44 immediately, being the filing fee for this application.

Reasons

The application seeks termination of the tenancy.
The hearing took place by phone today, 15 December 2023.
Ms van Englen represented the landlord at the hearing. The tenant could not be contacted. The hearing proceeded in the absence of the tenant.
The tenancy began on 7 July 2023.
Mid North tested the premises for methamphetamine before the start of the tenancy.
The result was positive at a very low level of 0.32 micrograms per 100cm2 on five sample composite.
During the tenancy Mid North received information that caused them to suspect drug activity at the premises.
Mid North carried out further testing in late November.
The test results showed significantly elevated levels of methamphetamine, including a reading of 24.2 micrograms per 100cm2 on a sample taken from the bedroom.
Mid North filed this application on 6 December.
On 13 December they issued a 7-day notice to terminate the tenancy on the grounds that the premises are uninhabitable 1 . The tenancy would terminate on 22 December 2023 pursuant to that notice.
The Tenancy Tribunal may make an order terminating a tenancy if 2 : a. The tenant has breached a breach of a term of the tenancy agreement or of the Residential Tenancies Act 1986; and b. If the breach is capable of being remedied, the landlord has issued a notice to the tenant giving them a reasonable period of time (not less than 14- days) to remedy the breach; and c. The breach was not remedied within the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination.
Mid North’s evidence establishes that the tenant breached the RTA by: a. Using the premises, or permitting the premises to be used, for an unlawful purpose 3 ; and b. Causing damage to the premises (methamphetamine contamination) 4 ; and c. Interfering with the means of escape from fire (removal of smoke alarms) 5 .
Using the premises for an unlawful purpose is a breach that cannot be remedied.
The nature and extent of the breach is such that it would be inequitable to refuse the request for termination, having regard to the following factors: a. The extent of contamination, together with other information provided to the landlord, indicates the possibility that methamphetamine manufacture has taken place at the premises during the tenancy. 1 Section 59A Residential Tenancies Act 1986 (RTA) 2 Section 56 RTA 3 Section 40(2)(b) RTA 4 Section 40(2)(a) RTA 5 Section 40(2)(ab) RTA b. The premises are at risk if the tenancy is allowed to continue. c. The safety of any visitors to the property is at risk if the tenancy is allowed to continue.
The tenancy is terminated.
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

Tenancy Tribunal case 4758519 — Smoke alarms at Flat 2, 47 Wihongi Street, Kaikohe 0405

At a glance

Tenancy Tribunal case 4758519 — Smoke alarms at Flat 2, 47 Wihongi Street, Kaikohe 0405

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions