What was Tenancy Tribunal case 4894852 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $16,232.24 immediately, calculated as

How much money was awarded in case 4894852?

Filing Fee: $20.44 awarded to landlord; Meth Testing – Initial Sample Dated…: $2,133.90 awarded to landlord; Meth Testing – Post Decontamination…: $2,025.90 awarded to landlord; Cleaning: $12,052.00 awarded to landlord

What type of tenancy dispute was case 4894852?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4894852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10802649-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4894852 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $16,232.24 immediately, calculated as

How much money was awarded in case 4894852?

Filing Fee: $20.44 awarded to landlord; Meth Testing – Initial Sample Dated…: $2,133.90 awarded to landlord; Meth Testing – Post Decontamination…: $2,025.90 awarded to landlord; Cleaning: $12,052.00 awarded to landlord

What type of tenancy dispute was case 4894852?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4894852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10802649-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4894852 — Cleanliness

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New Zealand Tenancy Tribunal Case 4894852 — Cleanliness | 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 4894852 — net $16,232.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Meth testing – initial sample dated 19 February 2024	$2,133.90	Meth testing – initial sample dated 19 February 2024
Meth testing/Cleaning: Decontamination costs – invoice dated 8 April 2024	$12,052.00	Meth testing/Cleaning: Decontamination costs – invoice dated 8 April 2024
Meth testing – post decontamination report dated 22 March 2024	$2,025.90	Meth testing – post decontamination report dated 22 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,232.24
Total payable by Tenant to Landlord	$16,232.24

Claims and awards for application 4894852 — net $16,232.24 NZD. Verify on MoJ.

Meth testing – initial sample dated 19 February 2024

Amount: $2,133.90
Awarded to: Landlord
Reason: Meth testing – initial sample dated 19 February 2024

Meth testing/Cleaning: Decontamination costs – invoice dated 8 April 2024

Amount: $12,052.00
Awarded to: Landlord
Reason: Meth testing/Cleaning: Decontamination costs – invoice dated 8 April 2024

Meth testing – post decontamination report dated 22 March 2024

Amount: $2,025.90
Awarded to: Landlord
Reason: Meth testing – post decontamination report dated 22 March 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $16,232.24

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Cleanliness

Order

[The tenant/s] must pay [The landlord/s] $16,232.24 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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.
The landlord obtained a pre-tenancy methamphetamine report, which showed no methamphetamine at the premises.
At the end of the tenancy, the premises were tested and were contaminated with methamphetamine. Four of the readings were 46.7μg/100cm² (the laundry), 53.8μg/100cm² (the bathroom), 72.5μg/100cm² (bedroom 2) and
2μg/100cm² (the lounge).
The levels well exceed the threshold for methamphetamine contamination the Tribunal works to, 15μg/100cm² for use and 1.5μg/100cm² for manufacture.
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 tenant admitted responsibility for the use of methamphetamine by her and/or a person they were responsible for at the premises.
The landlord has confirmed that the insurance held for the premises does not include cover for damage resulting from methamphetamine use or manufacture.
The tenant is liable for the decontamination costs of $16,232.24, which included extensive chemical cleaning of wall linings and furnishings, together with the cost of methamphetamine testing reports.
The landlord has sought suppression of their details as well as the tenant’s details. They have advised that the tenant has been seeking drug rehabilitation treatment and has been working to make significant life changes. They submit that publication of the tenant’s name would hinder the progress being made by the tenant and that the tenant’s personal interests accordingly outweigh public interest of publication. I have accordingly granted name suppression of the landlord and tenant names and identifying details.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 06 September 2024

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 4894852 — net $16,232.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Meth testing – initial sample dated 19 February 2024	$2,133.90	Meth testing – initial sample dated 19 February 2024
Meth testing/Cleaning: Decontamination costs – invoice dated 8 April 2024	$12,052.00	Meth testing/Cleaning: Decontamination costs – invoice dated 8 April 2024
Meth testing – post decontamination report dated 22 March 2024	$2,025.90	Meth testing – post decontamination report dated 22 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,232.24
Total payable by Tenant to Landlord	$16,232.24

Claims and awards for application 4894852 — net $16,232.24 NZD. Verify on MoJ.

Meth testing – initial sample dated 19 February 2024

Amount: $2,133.90
Awarded to: Landlord
Reason: Meth testing – initial sample dated 19 February 2024

Meth testing/Cleaning: Decontamination costs – invoice dated 8 April 2024

Amount: $12,052.00
Awarded to: Landlord
Reason: Meth testing/Cleaning: Decontamination costs – invoice dated 8 April 2024

Meth testing – post decontamination report dated 22 March 2024

Amount: $2,025.90
Awarded to: Landlord
Reason: Meth testing – post decontamination report dated 22 March 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $16,232.24

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Cleanliness

Order

[The tenant/s] must pay [The landlord/s] $16,232.24 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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.
The landlord obtained a pre-tenancy methamphetamine report, which showed no methamphetamine at the premises.
At the end of the tenancy, the premises were tested and were contaminated with methamphetamine. Four of the readings were 46.7μg/100cm² (the laundry), 53.8μg/100cm² (the bathroom), 72.5μg/100cm² (bedroom 2) and
2μg/100cm² (the lounge).
The levels well exceed the threshold for methamphetamine contamination the Tribunal works to, 15μg/100cm² for use and 1.5μg/100cm² for manufacture.
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 tenant admitted responsibility for the use of methamphetamine by her and/or a person they were responsible for at the premises.
The landlord has confirmed that the insurance held for the premises does not include cover for damage resulting from methamphetamine use or manufacture.
The tenant is liable for the decontamination costs of $16,232.24, which included extensive chemical cleaning of wall linings and furnishings, together with the cost of methamphetamine testing reports.
The landlord has sought suppression of their details as well as the tenant’s details. They have advised that the tenant has been seeking drug rehabilitation treatment and has been working to make significant life changes. They submit that publication of the tenant’s name would hinder the progress being made by the tenant and that the tenant’s personal interests accordingly outweigh public interest of publication. I have accordingly granted name suppression of the landlord and tenant names and identifying details.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 06 September 2024

Tenancy Tribunal case 4894852 — Cleanliness

At a glance

Tenancy Tribunal case 4894852 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions