What was the outcome of Tenancy Tribunal case 4992992?

The tribunal order states: Ezra Melling Toa Temarama must pay Te Ahuru Mowai Limited Partnership

How much money was awarded in case 4992992?

Cleaning: $15,000.00 awarded to landlord; Rent Arrears: $394.39 awarded to landlord

What type of tenancy dispute was case 4992992?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4992992?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11096365-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4992992?

The tribunal order states: Ezra Melling Toa Temarama must pay Te Ahuru Mowai Limited Partnership

How much money was awarded in case 4992992?

Cleaning: $15,000.00 awarded to landlord; Rent Arrears: $394.39 awarded to landlord

What type of tenancy dispute was case 4992992?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4992992?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11096365-Tenancy_Tribunal_Order.pdf.

8 Keith Hart Grove, Titahi Bay, Porirua 5022 Tenancy Tribunal Case 4992992 — Cleanliness

Claims and awards in Tenancy Tribunal application 4992992 — net $15,394.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$394.39	Rent arrears
Meth testing/Cleaning	$15,000.00	Meth testing/Cleaning
Net award	$15,394.39
Total payable by Tenant to Landlord	$15,394.39

Order

Ezra Melling Toa Temarama must pay Te Ahuru Mowai Limited Partnership $15,394.39 for rent arrears and methamphetamine decontamination, calculated and shown in table below. DescriptionLandlord Rent arrears$394.39 Meth testing/Cleaning$15,000.00 Total award$15,394.39 Total payable by Tenant to Landlord$15,394.39
Ezra Melling Toa Temarama is to pay off the debt owed to Te Ahuru Mowai Limited Partnership at the rate of $25.00 per week starting 25 November 2024 until the debt is repaid.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang his mobile number twice and it went to answerphone.
The tenant was aware of the hearing and so I proceeded with the hearing in his absence.
The landlord has applied for rent arrears and compensation for methamphetamine (“meth”) contamination following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 29 October 2024 . The landlord provided rent records which prove the amount of $394.39 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided invoices for the cost of removing rubbish from the property and extensive cleaning. The Tribunal has been provided with inspection reports and photos of the state of the property at the end of the tenancy.
I find that the tenant did not leave the property reasonably clean and tidy. The issue of costs to remedy the tenants’ obligations will be set out below. The landlord has provided a break down of the actual costs but has offered a significantly reduced sum for the total costs of cleaning, rubbish removal, repairs, and decontamination.

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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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 following damage was caused during the tenancy: meth contamination of the property, replacing 10 internal doors, repairing a bathroom door jam, replacing kitchen cabinet and window catches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
The total cost of the cleaning, repairs, rubbish removal and decontamination process and testing are $29,083.13.
However, the landlord has provided an overall final figure for compensation which is $15,000.00. The final sum sought is to reflect the depreciation of furnishing and carpets in the house that needed to be replaced after the meth contamination and attempts to reduce the overall costs the tenant must now pay.
The Tribunal queried whether the landlord had made an insurance claim for the decontamination costs. The landlord advised that meth decontamination is not covered under their insurance policy and even if it did, as a social housing provider the excess would be $25,000.00.
I am satisfied that the landlord has proven their claims for compensation for cleaning, rubbish removal and meth decontamination and testing.
The tenant has agreed to pay $25.00 per week towards the rent arrears and compensation. The tenant has already been paying $25.00 per week and the costs given today reflect the reduction of these earlier payments from the debt.
To reflect the arrangement the tenant has with the landlord, I will order that the tenant pays $25.00 per week starting Monday 25 November for the rent arrears and compensation costs.

Claims and awards in Tenancy Tribunal application 4992992 — net $15,394.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$394.39	Rent arrears
Meth testing/Cleaning	$15,000.00	Meth testing/Cleaning
Net award	$15,394.39
Total payable by Tenant to Landlord	$15,394.39

Order

Ezra Melling Toa Temarama must pay Te Ahuru Mowai Limited Partnership $15,394.39 for rent arrears and methamphetamine decontamination, calculated and shown in table below. DescriptionLandlord Rent arrears$394.39 Meth testing/Cleaning$15,000.00 Total award$15,394.39 Total payable by Tenant to Landlord$15,394.39
Ezra Melling Toa Temarama is to pay off the debt owed to Te Ahuru Mowai Limited Partnership at the rate of $25.00 per week starting 25 November 2024 until the debt is repaid.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang his mobile number twice and it went to answerphone.
The tenant was aware of the hearing and so I proceeded with the hearing in his absence.
The landlord has applied for rent arrears and compensation for methamphetamine (“meth”) contamination following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 29 October 2024 . The landlord provided rent records which prove the amount of $394.39 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for rent arrears.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided invoices for the cost of removing rubbish from the property and extensive cleaning. The Tribunal has been provided with inspection reports and photos of the state of the property at the end of the tenancy.
I find that the tenant did not leave the property reasonably clean and tidy. The issue of costs to remedy the tenants’ obligations will be set out below. The landlord has provided a break down of the actual costs but has offered a significantly reduced sum for the total costs of cleaning, rubbish removal, repairs, and decontamination.

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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) 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 following damage was caused during the tenancy: meth contamination of the property, replacing 10 internal doors, repairing a bathroom door jam, replacing kitchen cabinet and window catches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
The total cost of the cleaning, repairs, rubbish removal and decontamination process and testing are $29,083.13.
However, the landlord has provided an overall final figure for compensation which is $15,000.00. The final sum sought is to reflect the depreciation of furnishing and carpets in the house that needed to be replaced after the meth contamination and attempts to reduce the overall costs the tenant must now pay.
The Tribunal queried whether the landlord had made an insurance claim for the decontamination costs. The landlord advised that meth decontamination is not covered under their insurance policy and even if it did, as a social housing provider the excess would be $25,000.00.
I am satisfied that the landlord has proven their claims for compensation for cleaning, rubbish removal and meth decontamination and testing.
The tenant has agreed to pay $25.00 per week towards the rent arrears and compensation. The tenant has already been paying $25.00 per week and the costs given today reflect the reduction of these earlier payments from the debt.
To reflect the arrangement the tenant has with the landlord, I will order that the tenant pays $25.00 per week starting Monday 25 November for the rent arrears and compensation costs.

Tenancy Tribunal case 4992992 — Cleanliness at 8 Keith Hart Grove, Titahi Bay, Porirua 5022

At a glance

Tenancy Tribunal case 4992992 — Cleanliness at 8 Keith Hart Grove, Titahi Bay, Porirua 5022

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent ?

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

How much is owed for rent ?

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