What was Tenancy Tribunal case 4936157 about?

The tribunal order states: The tenancy of Ayesha Veevers at 440B Kerikeri Road, Kerikeri, Kerikeri 0230

How much money was awarded in case 4936157?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4936157?

The dispute type was not classified.

Where can I read the official tribunal order for case 4936157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10699157-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4936157 about?

The tribunal order states: The tenancy of Ayesha Veevers at 440B Kerikeri Road, Kerikeri, Kerikeri 0230

How much money was awarded in case 4936157?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4936157?

The dispute type was not classified.

Where can I read the official tribunal order for case 4936157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10699157-Tribunal_Order_Redacted.pdf.

440B Kerikeri Road, Kerikeri, Kerikeri 0230 Tenancy Tribunal Case 4936157 — Tenancy dispute

Order

The tenancy of Ayesha Veevers at 440B Kerikeri Road, Kerikeri, Kerikeri 0230 is terminated, and possession is granted to [The landlord/s], at 2:00pm on Monday 19 August 2024.

Reasons

The landlord’s representative attended the hearing by telephone. I telephoned the tenant on the mobile number provided but there was no answer. I continued the hearing in her absence as she has been notified of the date and time of the hearing to her email address for service and been sent text reminders.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for a breach of the Residential Tenancies Act 1986 or of the tenancy agreement where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The landlord has supplied evidence that proves that methamphetamine residue in the premises has increased markedly during the tenancy. The evidence is:- a. A methamphetamine test done on the start date of the tenancy (22 August 2022) returned a very low positive result. The combined composite result from 10 samples taken from inside the main house was 0.33 micrograms. 1 b. A methamphetamine test done on 11 July 2024 returned a combined composite result from 10 samples taken from substantially similar locations inside the main house of 18.45 micrograms. 2
The level of methamphetamine residue detected in the main house has increased significantly.
A tenant must not use premises, or permit premises to be used, for any unlawful purpose; section 40(2)(b) RTA.
The use of methamphetamine is unlawful as it breaches section 7 of the Misuse of Drugs Act 1975.
A tenant is legally responsible for the actions of anyone at the premises with their permission; s41 RTA.
I am satisfied that it is more probable than not that the tenant or someone at the premises with the tenant’s permission has smoked or otherwise used methamphetamine inside the premises during this tenancy. This is a criminal offence and therefore breaches the RTA.
This breach is not capable of remedy because the use of methamphetamine cannot be undone. An unlawful act has been committed and the RTA says that this is not permitted in tenancy premises.
It would be inequitable to refuse to terminate the tenancy. The landlord is entitled to regain possession of the premises so that there can be no further methamphetamine use. Continued use would result in the methamphetamine residue levels increasing which can be a health risk to other occupants and result in the premises becoming uninhabitable (at levels above 15 micrograms 1 One microgram is one millionth of a gram. 2 Sample A combined 5 samples totalled 11.0 micrograms and Sample B combined 5 samples totalled
45 micrograms. per sample area). Methamphetamine use can also result in erratic and violent behaviour which may lead to damage to persons or property.
The tenancy must be terminated.
I have made an order that the tenancy will terminate at 2:00pm on Monday 19 August 2024. I encourage the tenant to communicate with the landlord about moving out arrangements. Filing fee and suppression of landlord name
The landlord has succeeded in the claim so I must award the filing fee.
I suppress the landlord’s name from the published order.

Reasons

The landlord’s representative attended the hearing by telephone. I telephoned the tenant on the mobile number provided but there was no answer. I continued the hearing in her absence as she has been notified of the date and time of the hearing to her email address for service and been sent text reminders.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for a breach of the Residential Tenancies Act 1986 or of the tenancy agreement where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The landlord has supplied evidence that proves that methamphetamine residue in the premises has increased markedly during the tenancy. The evidence is:- a. A methamphetamine test done on the start date of the tenancy (22 August 2022) returned a very low positive result. The combined composite result from 10 samples taken from inside the main house was 0.33 micrograms. 1 b. A methamphetamine test done on 11 July 2024 returned a combined composite result from 10 samples taken from substantially similar locations inside the main house of 18.45 micrograms. 2

The level of methamphetamine residue detected in the main house has increased significantly.

A tenant must not use premises, or permit premises to be used, for any unlawful purpose; section 40(2)(b) RTA.

The use of methamphetamine is unlawful as it breaches section 7 of the Misuse of Drugs Act 1975.

A tenant is legally responsible for the actions of anyone at the premises with their permission; s41 RTA.

I am satisfied that it is more probable than not that the tenant or someone at the premises with the tenant’s permission has smoked or otherwise used methamphetamine inside the premises during this tenancy. This is a criminal offence and therefore breaches the RTA.

This breach is not capable of remedy because the use of methamphetamine cannot be undone. An unlawful act has been committed and the RTA says that this is not permitted in tenancy premises.

It would be inequitable to refuse to terminate the tenancy. The landlord is entitled to regain possession of the premises so that there can be no further methamphetamine use. Continued use would result in the methamphetamine residue levels increasing which can be a health risk to other occupants and result in the premises becoming uninhabitable (at levels above 15 micrograms 1 One microgram is one millionth of a gram. 2 Sample A combined 5 samples totalled 11.0 micrograms and Sample B combined 5 samples totalled

45 micrograms. per sample area). Methamphetamine use can also result in erratic and violent behaviour which may lead to damage to persons or property.

The tenancy must be terminated.

I have made an order that the tenancy will terminate at 2:00pm on Monday 19 August 2024. I encourage the tenant to communicate with the landlord about moving out arrangements. Filing fee and suppression of landlord name

The landlord has succeeded in the claim so I must award the filing fee.

I suppress the landlord’s name from the published order.

Tenancy Tribunal case 4936157 — Tenancy dispute at 440B Kerikeri Road, Kerikeri, Kerikeri 0230

At a glance

Claims & awards

Tenancy Tribunal case 4936157 — Tenancy dispute at 440B Kerikeri Road, Kerikeri, Kerikeri 0230

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions