What was the outcome of Tenancy Tribunal case 4844944?

The tribunal order states: Carl David Edward McCreath-Woodward must pay The Difference Limited T/As

How much money was awarded in case 4844944?

Filing Fee: $20.44 awarded to landlord; Cleaning: $2,500.00 awarded to landlord; Rent Arrears: $1,302.61 awarded to landlord; Walls and Doors: $3,250.00 awarded to landlord; Water Rates: $469.36 awarded to landlord

What type of tenancy dispute was case 4844944?

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

Where can I read the official tribunal order for case 4844944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10510879-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4844944?

The tribunal order states: Carl David Edward McCreath-Woodward must pay The Difference Limited T/As

How much money was awarded in case 4844944?

Filing Fee: $20.44 awarded to landlord; Cleaning: $2,500.00 awarded to landlord; Rent Arrears: $1,302.61 awarded to landlord; Walls and Doors: $3,250.00 awarded to landlord; Water Rates: $469.36 awarded to landlord

What type of tenancy dispute was case 4844944?

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

Where can I read the official tribunal order for case 4844944?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10510879-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 109 Rautawhiri Road, Helensville, Helensville Tenancy Tribunal Case 4844944 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4844944 — net $5,242.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/2/2024	$1,302.61	Rent arrears to 11/2/2024
Water rates	$469.36	Water rates
Meth testing/Cleaning: plus decontaminating bathroom	$2,500.00	Meth testing/Cleaning: plus decontaminating bathroom
Repairs: to walls and doors (11 holes	$3,250.00	Repairs: to walls and doors (11 holes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,242.41
Total payable by Tenant to Landlord	$5,242.41

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.

Having satisfied itself that the tenant had been served, the Tribunal hearing proceeded in his absence.

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

How much is owed for rent?

The tenancy ended on 11/2/2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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 were 11 large holes in several walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord’s excess of $2,500 applied per event (i.e per hole) so insurance was not claimed. The amount awarded is for repairs only. Methamphetamine contamination – evidence of unlawful activity

The premises were contaminated with methamphetamine during the tenancy as established by pre tenancy testing that showed no methamphetamine residue and then composite testing during the tenancy which showed elevated levels in several rooms, which was the reason the tenancy ended.

Detailed testing showed methamphetamine levels of 26.1 ug in the bathroom. It is now established law that methamphetamine residue levels above 15ug require extensive decontamination. The remainder of the rooms where the contamination was less than 15ug also required a deep clean to remove the harmful chemical residues.

The landlord’s excess is $2,500 for the costs associated with the contamination and the tenant is liable for this cost as the evidence clearly shows the contamination occurred during his tenancy. Methamphetamine use is unlawful activity and prohibited by the Act. The tenant is also liable for the actions of others at the property.

The composite and detailed testing cost was $2,061.00. The extensive cleaning of the bathroom and deep cleaning of the other rooms was considerably more than $439 so the excess is awarded in full.

The amounts ordered are proved. The invoices provided on 2 July confirm the amounts awarded.

I have not taken into account betterment and depreciation. The amounts awarded are for actual costs only and do not place the landlord in a better position than they would have been in had the damage not occurred. The tenant would have been liable for considerably higher costs had the landlord not had insurance covering the unlawful activity.

Because The Difference Limited T/As Harcourts Helensville As Agent For Greenwood Family Trust C/- Carol Clark has wholly succeeded with the claim I must reimburse the filing fee.

The public interest requires publication of the tenant’s name. The landlord did not seek a suppression order.

Claims and awards in Tenancy Tribunal application 4844944 — net $5,242.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/2/2024	$1,302.61	Rent arrears to 11/2/2024
Water rates	$469.36	Water rates
Meth testing/Cleaning: plus decontaminating bathroom	$2,500.00	Meth testing/Cleaning: plus decontaminating bathroom
Repairs: to walls and doors (11 holes	$3,250.00	Repairs: to walls and doors (11 holes
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,242.41
Total payable by Tenant to Landlord	$5,242.41

Order

Carl David Edward McCreath-Woodward must pay The Difference Limited T/As Harcourts Helensville As Agent For Greenwood Family Trust C/- Carol Clark $5,242.41 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.
Having satisfied itself that the tenant had been served, the Tribunal hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 11/2/2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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 were 11 large holes in several walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord’s excess of $2,500 applied per event (i.e per hole) so insurance was not claimed. The amount awarded is for repairs only. Methamphetamine contamination – evidence of unlawful activity
The premises were contaminated with methamphetamine during the tenancy as established by pre tenancy testing that showed no methamphetamine residue and then composite testing during the tenancy which showed elevated levels in several rooms, which was the reason the tenancy ended.
Detailed testing showed methamphetamine levels of 26.1 ug in the bathroom. It is now established law that methamphetamine residue levels above 15ug require extensive decontamination. The remainder of the rooms where the contamination was less than 15ug also required a deep clean to remove the harmful chemical residues.
The landlord’s excess is $2,500 for the costs associated with the contamination and the tenant is liable for this cost as the evidence clearly shows the contamination occurred during his tenancy. Methamphetamine use is unlawful activity and prohibited by the Act. The tenant is also liable for the actions of others at the property.
The composite and detailed testing cost was $2,061.00. The extensive cleaning of the bathroom and deep cleaning of the other rooms was considerably more than $439 so the excess is awarded in full.
The amounts ordered are proved. The invoices provided on 2 July confirm the amounts awarded.
I have not taken into account betterment and depreciation. The amounts awarded are for actual costs only and do not place the landlord in a better position than they would have been in had the damage not occurred. The tenant would have been liable for considerably higher costs had the landlord not had insurance covering the unlawful activity.
Because The Difference Limited T/As Harcourts Helensville As Agent For Greenwood Family Trust C/- Carol Clark has wholly succeeded with the claim I must reimburse the filing fee.
The public interest requires publication of the tenant’s name. The landlord did not seek a suppression order.

Tenancy Tribunal case 4844944 — Property damage at Unit/Flat 1, 109 Rautawhiri Road, Helensville, Helensville

At a glance

Tenancy Tribunal case 4844944 — Property damage at Unit/Flat 1, 109 Rautawhiri Road, Helensville, Helensville

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions