What was the outcome of Tenancy Tribunal case 4886702?

The tribunal order states: Scott Davidson must pay Barfoot & Thompson Limited Panmure $2,249.79

How much money was awarded in case 4886702?

4 Stage Decontamination Fee: $1,897.50 awarded to landlord; Detailed Meth Test: $184.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Final Meth Test: $184.00 awarded to landlord; General Meth Test: $460.00 awarded to landlord; Property Damage: $343.85 awarded to landlord

What type of tenancy dispute was case 4886702?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4886702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10714049-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886702?

The tribunal order states: Scott Davidson must pay Barfoot & Thompson Limited Panmure $2,249.79

How much money was awarded in case 4886702?

4 Stage Decontamination Fee: $1,897.50 awarded to landlord; Detailed Meth Test: $184.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Final Meth Test: $184.00 awarded to landlord; General Meth Test: $460.00 awarded to landlord; Property Damage: $343.85 awarded to landlord

What type of tenancy dispute was case 4886702?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4886702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10714049-Tenancy_Tribunal_Order.pdf.

Room 1, 28 Court Cres, Panmure, Auckland 1072 Tenancy Tribunal Case 4886702 — Property damage

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Room 1, 28 Court Cres, Panmure, Auckland 1072 Tenancy Tribunal Case 4886702 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4886702 — net $2,249.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$343.85	Lock/key replacement
4 stage decontamination fee	$1,897.50	4 stage decontamination fee
General meth test	$460.00	General meth test
Detailed meth test	$184.00	Detailed meth test
Final meth test	$184.00	Final meth test
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,249.79
Total payable by Tenant to Landlord	$2,249.79

Claims and awards for application 4886702 — net $2,249.79 NZD. Verify on MoJ.

Lock/key replacement

Amount: $343.85
Awarded to: Landlord
Reason: Lock/key replacement

4 stage decontamination fee

Amount: $1,897.50
Awarded to: Landlord
Reason: 4 stage decontamination fee

General meth test

Amount: $460.00
Awarded to: Landlord
Reason: General meth test

Detailed meth test

Amount: $184.00
Awarded to: Landlord
Reason: Detailed meth test

Final meth test

Amount: $184.00
Awarded to: Landlord
Reason: Final meth test

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Scott Davidson must pay Barfoot & Thompson Limited Panmure $2,249.79 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $840.00 (5989073-004) to Barfoot & Thompson Limited Panmure immediately.

Reasons

The landlord attended the hearing which was held by teleconference on 15 August 2024. The Tribunal was unable to contact the tenant on the contact numbers provided in the application. I proceeded with the hearing in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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.
I accept the landlord’s evidence that the tenant did not return the keys at the end of the tenancy. The landlord’s claim is undefended.
The amount ordered is proved.

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.
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 landlord sought compensation for methamphetamine testing and decontamination.
The tenant’s room was found to be contaminated with methamphetamine at the end of the tenancy.
A comprehensive test at the end of the tenancy produced a result of 16.80μg in the tenant’s room, being a reading above the level of 15μg recommended by the Gluckman Report of 29 May 2018.
Although there was no pre-tenancy methamphetamine test, I am satisfied the landlord has provided compelling evidence that consumption of methamphetamine has taken place during the tenancy.
The landlords claim for compensation for methamphetamine testing and decontamination has been proved.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4886702 — net $2,249.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$343.85	Lock/key replacement
4 stage decontamination fee	$1,897.50	4 stage decontamination fee
General meth test	$460.00	General meth test
Detailed meth test	$184.00	Detailed meth test
Final meth test	$184.00	Final meth test
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,249.79
Total payable by Tenant to Landlord	$2,249.79

Claims and awards for application 4886702 — net $2,249.79 NZD. Verify on MoJ.

Lock/key replacement

Amount: $343.85
Awarded to: Landlord
Reason: Lock/key replacement

4 stage decontamination fee

Amount: $1,897.50
Awarded to: Landlord
Reason: 4 stage decontamination fee

General meth test

Amount: $460.00
Awarded to: Landlord
Reason: General meth test

Detailed meth test

Amount: $184.00
Awarded to: Landlord
Reason: Detailed meth test

Final meth test

Amount: $184.00
Awarded to: Landlord
Reason: Final meth test

Claim types — money lines allowed on this order

Filing Fee Property damage

Order

Scott Davidson must pay Barfoot & Thompson Limited Panmure $2,249.79 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $840.00 (5989073-004) to Barfoot & Thompson Limited Panmure immediately.

Reasons

The landlord attended the hearing which was held by teleconference on 15 August 2024. The Tribunal was unable to contact the tenant on the contact numbers provided in the application. I proceeded with the hearing in the tenant’s absence as I was satisfied that adequate service of the hearing notice had been completed.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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.
I accept the landlord’s evidence that the tenant did not return the keys at the end of the tenancy. The landlord’s claim is undefended.
The amount ordered is proved.

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.
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 landlord sought compensation for methamphetamine testing and decontamination.
The tenant’s room was found to be contaminated with methamphetamine at the end of the tenancy.
A comprehensive test at the end of the tenancy produced a result of 16.80μg in the tenant’s room, being a reading above the level of 15μg recommended by the Gluckman Report of 29 May 2018.
Although there was no pre-tenancy methamphetamine test, I am satisfied the landlord has provided compelling evidence that consumption of methamphetamine has taken place during the tenancy.
The landlords claim for compensation for methamphetamine testing and decontamination has been proved.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4886702 — Property damage at Room 1, 28 Court Cres, Panmure, Auckland 1072

At a glance

Tenancy Tribunal case 4886702 — Property damage at Room 1, 28 Court Cres, Panmure, Auckland 1072

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

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

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions