What was Tenancy Tribunal case 4869480 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 4869480?

Property Damage: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Water Rates: $650.16 awarded to landlord

What type of tenancy dispute was case 4869480?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4869480?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10375156-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4869480 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 4869480?

Property Damage: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Water Rates: $650.16 awarded to landlord

What type of tenancy dispute was case 4869480?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4869480?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10375156-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4869480 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4869480. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 2 October 2023	$650.16	1. The application seeks termination of the tenancy, water rates arrears, and exemplary damages (using the premises for an unlawful purpose).
Exemplary damages: Unlawful activity	$600.00	Unlawful activity
Filing fee reimbursement	$20.44	21. I will award exemplary damages of $600.00.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of at is terminated, and possession is granted to , immediately.
The Bond Centre is to pay the bond of [Bond number suppressed] to immediately.
Nola Naera is to pay [The landlord/s] $89.40 immediately, calculated as shown in the table below:

Reasons

Background

The application seeks termination of the tenancy, water rates arrears, and exemplary damages (using the premises for an unlawful purpose).
The hearing took place in [Event location suppressed] on 23 May 2024.
[The landlord’s representative/s] attended the hearing on behalf of the landlord. There was no appearance by the tenant. Water rates
Water rates are outstanding for the period from 11 October 2022 to 2 October 2023 per invoices provided from [the District Council]. Unlawful activity
Tenants must not use the premises, or permit the premises to be used, for an unlawful purpose 1 .
[The landlord’s representative 1] carried out a property inspection on 25 January 2024. The tenant’s partner was present at the inspection. [redacted] saw drug (cannabis) related paraphernalia at the premises, including 3 ‘bongs’ and a set of microscales.
[The landlord’s representative 1] told the tenant’s partner that this was unacceptable. She also sent an email to the tenant about this.
A neighbour informed [The landlord/s] about cannabis being grown at the premises. [The landlord’s representative/s] went to the premises. When they arrived the tenant’s partner made an attempt to hide / destroy the plants, which were growing in pots outside the house.
[The landlord’s representative 1] carried out another inspection on 23 April 2024. Again, drug paraphernalia was on display, including a bong, microscales, and ‘spotting’ knives on the stove. [The landlord’s representative 1] submitted that there was a strong smell of cannabis inside the house. Termination
The Tenancy Tribunal may make an order terminating a tenancy if 2 : a. The tenant breaches a term of the tenancy agreement or of the Residential Tenancies Act; and b. In the case of a breach that is capable of being remedied, the landlord has given the tenant a notice identifying the breach and giving the tenant a reasonable period of time (not less than 14 days) to remedy the breach; and 1 Section 40(2)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 56 RTA c. The breach was not remedied in 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.
In this instance the tenant breached the Residential Tenancies Act by: a. Using the premises, or permitting them to be used, for an unlawful purpose; and b. Not paying for outgoings (water).
[The landlord/s] issued a breach notice in respect of both breaches on 8 February 2024.
The breaches were not remedied within the notice period.
It is inequitable to refuse the request for termination having regard to the following factors: a. The tenant owes substantial water rates arrears, dating back to October 2022. The tenant has made several promises to pay the water rates arrears, but no payments have been made. Another water rates invoice is due shortly. b. There is evidence of drug cultivation and sale, as well as use, at the premises. [The landlord/s] gave the tenant a reasonable opportunity to cease the unlawful activity after the January inspection.
Therefore, the tenancy is terminated. Exemplary damages
It is an unlawful act for a tenant to use the premise, or permit the premises to be used, for an unlawful purpose. Exemplary damages of up to $1,800.00 can apply.
The evidence provided to me shows that the premises have been used for the use, cultivation, and possible sale of cannabis. The only occupants of the property are Ms Naera and her partner. The drug activity is conspicuous, not even concealed at property inspections. If Ms Naera is not personally responsible for the activity, then it is reasonable to state that she has permitted it.
It is appropriate to make an award of exemplary damages.
[The landlord’s representative 2] acknowledged that cannabis activity is less serious than methamphetamine.
The usual approach of the Tribunal to awards of exemplary damages is to award one third of the maximum, unless there are aggravating or mitigating factors in play 3 .
I will award exemplary damages of $600.00. Filing fee, name suppression, bond
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44 4 .
The landlord sought name suppression. Name suppression is granted on the grounds that the landlord wholly succeeded in the proceedings 5 .
The amount owed to the landlord exceeds the bond. The tenancy is ended. The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4869480. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 2 October 2023	$650.16	1. The application seeks termination of the tenancy, water rates arrears, and exemplary damages (using the premises for an unlawful purpose).
Exemplary damages: Unlawful activity	$600.00	Unlawful activity
Filing fee reimbursement	$20.44	21. I will award exemplary damages of $600.00.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of at is terminated, and possession is granted to , immediately.
The Bond Centre is to pay the bond of [Bond number suppressed] to immediately.
Nola Naera is to pay [The landlord/s] $89.40 immediately, calculated as shown in the table below:

Reasons

Background

The application seeks termination of the tenancy, water rates arrears, and exemplary damages (using the premises for an unlawful purpose).
The hearing took place in [Event location suppressed] on 23 May 2024.
[The landlord’s representative/s] attended the hearing on behalf of the landlord. There was no appearance by the tenant. Water rates
Water rates are outstanding for the period from 11 October 2022 to 2 October 2023 per invoices provided from [the District Council]. Unlawful activity
Tenants must not use the premises, or permit the premises to be used, for an unlawful purpose 1 .
[The landlord’s representative 1] carried out a property inspection on 25 January 2024. The tenant’s partner was present at the inspection. [redacted] saw drug (cannabis) related paraphernalia at the premises, including 3 ‘bongs’ and a set of microscales.
[The landlord’s representative 1] told the tenant’s partner that this was unacceptable. She also sent an email to the tenant about this.
A neighbour informed [The landlord/s] about cannabis being grown at the premises. [The landlord’s representative/s] went to the premises. When they arrived the tenant’s partner made an attempt to hide / destroy the plants, which were growing in pots outside the house.
[The landlord’s representative 1] carried out another inspection on 23 April 2024. Again, drug paraphernalia was on display, including a bong, microscales, and ‘spotting’ knives on the stove. [The landlord’s representative 1] submitted that there was a strong smell of cannabis inside the house. Termination
The Tenancy Tribunal may make an order terminating a tenancy if 2 : a. The tenant breaches a term of the tenancy agreement or of the Residential Tenancies Act; and b. In the case of a breach that is capable of being remedied, the landlord has given the tenant a notice identifying the breach and giving the tenant a reasonable period of time (not less than 14 days) to remedy the breach; and 1 Section 40(2)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 56 RTA c. The breach was not remedied in 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.
In this instance the tenant breached the Residential Tenancies Act by: a. Using the premises, or permitting them to be used, for an unlawful purpose; and b. Not paying for outgoings (water).
[The landlord/s] issued a breach notice in respect of both breaches on 8 February 2024.
The breaches were not remedied within the notice period.
It is inequitable to refuse the request for termination having regard to the following factors: a. The tenant owes substantial water rates arrears, dating back to October 2022. The tenant has made several promises to pay the water rates arrears, but no payments have been made. Another water rates invoice is due shortly. b. There is evidence of drug cultivation and sale, as well as use, at the premises. [The landlord/s] gave the tenant a reasonable opportunity to cease the unlawful activity after the January inspection.
Therefore, the tenancy is terminated. Exemplary damages
It is an unlawful act for a tenant to use the premise, or permit the premises to be used, for an unlawful purpose. Exemplary damages of up to $1,800.00 can apply.
The evidence provided to me shows that the premises have been used for the use, cultivation, and possible sale of cannabis. The only occupants of the property are Ms Naera and her partner. The drug activity is conspicuous, not even concealed at property inspections. If Ms Naera is not personally responsible for the activity, then it is reasonable to state that she has permitted it.
It is appropriate to make an award of exemplary damages.
[The landlord’s representative 2] acknowledged that cannabis activity is less serious than methamphetamine.
The usual approach of the Tribunal to awards of exemplary damages is to award one third of the maximum, unless there are aggravating or mitigating factors in play 3 .
I will award exemplary damages of $600.00. Filing fee, name suppression, bond
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44 4 .
The landlord sought name suppression. Name suppression is granted on the grounds that the landlord wholly succeeded in the proceedings 5 .
The amount owed to the landlord exceeds the bond. The tenancy is ended. The bond will be released to the landlord.

Tenancy Tribunal case 4869480 — Exemplary damages

At a glance

Tenancy Tribunal case 4869480 — 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