What was the outcome of Tenancy Tribunal case 4982389?

The tribunal order states: Michelle Leah Rogers must pay Divine Property Management Limited As Agent

How much money was awarded in case 4982389?

Cleaning: $3,197.00 awarded to landlord; Cleaning: $900.00 awarded to landlord; Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Meth Testing: $549.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Walls: $581.00 awarded to landlord; Rubbish Removal: $302.00 awarded to landlord

What type of tenancy dispute was case 4982389?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4982389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852250-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4982389?

The tribunal order states: Michelle Leah Rogers must pay Divine Property Management Limited As Agent

How much money was awarded in case 4982389?

Cleaning: $3,197.00 awarded to landlord; Cleaning: $900.00 awarded to landlord; Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Meth Testing: $549.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Walls: $581.00 awarded to landlord; Rubbish Removal: $302.00 awarded to landlord

What type of tenancy dispute was case 4982389?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4982389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852250-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 8 McKerrow Place, Sunshine Bay, Queenstown Tenancy Tribunal Case 4982389 — Cleanliness

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Unit/Flat 1, 8 McKerrow Place, Sunshine Bay, Queenstown Tenancy Tribunal Case 4982389 — 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 4982389 — net $4,434.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: smoke damage	$828.00	Cleaning: smoke damage
Rubbish removal	$302.00	Rubbish removal
Cleaning: general	$900.00	Cleaning: general
Repairs: walls	$581.00	Repairs: walls
Repairs: carpet replacement (insurance excess only	$250.00	Repairs: carpet replacement (insurance excess only
Meth testing	$549.00	Meth testing
Meth cleaning	$3,197.00	Meth cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,434.00
Total payable by Tenant to Landlord	$4,434.00

Claims and awards for application 4982389 — net $4,434.00 NZD. Verify on MoJ.

Cleaning: smoke damage

Amount: $828.00
Awarded to: Landlord
Reason: Cleaning: smoke damage

Rubbish removal

Amount: $302.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning: general

Amount: $900.00
Awarded to: Landlord
Reason: Cleaning: general

Repairs: walls

Amount: $581.00
Awarded to: Landlord
Reason: Repairs: walls

Repairs: carpet replacement (insurance excess only

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: carpet replacement (insurance excess only

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Michelle Leah Rogers must pay Divine Property Management Limited As Agent For Geoff Russell $4,434.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5249939-012) to Divine Property Management Limited As Agent For Geoff Russell immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 16 July 2024.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are 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.
Carpets were stained; they had to be replaced. Tenant’s liability has been limited to insurance excess. Walls were also damaged beyond fair wear and tear.
Methamphetamine assessment report undertaken on 5 August 2024 recorded readings throughout the house of up to 27μg/100cm2 which exceed both current New Zealand Standard of 1.5μg/100cm2 as well as the opinion from the Chief Science Advisor Sir Peter Gluckman of 15μg/100cm2 regarded as acceptable levels.
The high reading of methamphetamine along with drug taking paraphernalia observed during property inspections also indicate that the tenant has used the premises for an unlawful purpose.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
I award methamphetamine testing and decontamination costs in favour of the landlord accordingly.

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 4982389 — net $4,434.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: smoke damage	$828.00	Cleaning: smoke damage
Rubbish removal	$302.00	Rubbish removal
Cleaning: general	$900.00	Cleaning: general
Repairs: walls	$581.00	Repairs: walls
Repairs: carpet replacement (insurance excess only	$250.00	Repairs: carpet replacement (insurance excess only
Meth testing	$549.00	Meth testing
Meth cleaning	$3,197.00	Meth cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,434.00
Total payable by Tenant to Landlord	$4,434.00

Claims and awards for application 4982389 — net $4,434.00 NZD. Verify on MoJ.

Cleaning: smoke damage

Amount: $828.00
Awarded to: Landlord
Reason: Cleaning: smoke damage

Rubbish removal

Amount: $302.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning: general

Amount: $900.00
Awarded to: Landlord
Reason: Cleaning: general

Repairs: walls

Amount: $581.00
Awarded to: Landlord
Reason: Repairs: walls

Repairs: carpet replacement (insurance excess only

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: carpet replacement (insurance excess only

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Michelle Leah Rogers must pay Divine Property Management Limited As Agent For Geoff Russell $4,434.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5249939-012) to Divine Property Management Limited As Agent For Geoff Russell immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 16 July 2024.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are 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.
Carpets were stained; they had to be replaced. Tenant’s liability has been limited to insurance excess. Walls were also damaged beyond fair wear and tear.
Methamphetamine assessment report undertaken on 5 August 2024 recorded readings throughout the house of up to 27μg/100cm2 which exceed both current New Zealand Standard of 1.5μg/100cm2 as well as the opinion from the Chief Science Advisor Sir Peter Gluckman of 15μg/100cm2 regarded as acceptable levels.
The high reading of methamphetamine along with drug taking paraphernalia observed during property inspections also indicate that the tenant has used the premises for an unlawful purpose.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
I award methamphetamine testing and decontamination costs in favour of the landlord accordingly.

Tenancy Tribunal case 4982389 — Cleanliness at Unit/Flat 1, 8 McKerrow Place, Sunshine Bay, Queenstown

At a glance

Tenancy Tribunal case 4982389 — Cleanliness at Unit/Flat 1, 8 McKerrow Place, Sunshine Bay, Queenstown

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