What was Tenancy Tribunal case 4997588 about?

The tribunal order states: The tenancy of [The tenant/s] at 61C Herewini Street, Titahi Bay,

How much money was awarded in case 4997588?

Rent Arrears: $8,049.56 awarded to landlord

What type of tenancy dispute was case 4997588?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4997588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10900324-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4997588 about?

The tribunal order states: The tenancy of [The tenant/s] at 61C Herewini Street, Titahi Bay,

How much money was awarded in case 4997588?

Rent Arrears: $8,049.56 awarded to landlord

What type of tenancy dispute was case 4997588?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4997588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10900324-Tenancy_Tribunal_Order.pdf.

61C Herewini Street, Titahi Bay, Porirua 5022 Tenancy Tribunal Case 4997588 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4997588 — net $7,853.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2.10.2024	$8,049.56	Rent arrears to 2.10.2024
Net award	$7,853.56
Total payable by Tenant to Landlord	$7,853.56

The tenancy of [The tenant/s] at 61C Herewini Street, Titahi Bay, Porirua 5022 is terminated, and possession is granted to Te Ahuru Mowai Limited Partnership, at 12 noon on Monday 14 October 2024.

The Bond Centre is to pay the bond of $196.00 (3112939-007) to Te Ahuru Mowai Limited Partnership immediately.

[The tenant/s] must pay Te Ahuru Mowai Limited Partnership $7,853.56 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.

The tenancy started on 6 November 2015. The original landlord was Housing New Zealand Corporation, but the tenancy has been assigned to Te Ahuru Mowai Limited Partnership to manage.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).

The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

Under section 55(1)(b) the Tribunal shall terminate the tenancy if satisfied that the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises.

The landlord provided evidence that substantial damage was caused to the premises. The tenant has removed a wall between two bedrooms at the premises and has also removed a wall in the linen cupboard which backed onto the bathroom. Removal of this wall caused a hole in the wet wall lining around the shower/bath. When asked why she removed the wall between the bedrooms, the tenant could not provide an adequate explanation. In relation to the wall in the linen cupboard she says she was concerned about a leak in the wall and oral requests for maintenance were ignored by the landlord. However, even if there was a maintenance issue, it is not open to the tenant to remove walls and cause significant damage in that manner.

The landlord also provided evidence of methamphetamine testing conducted at the property on 29 July 2024 which established the presence of methamphetamine at the premises with one reading in bedroom 1 of 30mcg/100cm², and four other readings in the bathroom, bedroom 2, the lounge and hallway between 2.2 and 5.1 mcg/100cm².

I accept based on the District Court cases Full Circle Real Estate Limited v Piper [2019] NZDC 4947 and Acme Realty Ltd v Alexander James Hogg, Tuitui Grace Polotu, Leigh Sharyn Coughlin [2021] NZDC 3231 that: a. methamphetamine residue of below 15mcg/100cm² does not cause damage to residential tenancy premises unless there is evidence of manufacture; b. in premises, or parts of premises, where residue is higher than 15mcg/100cm², this is considered damage and decontamination of those areas is appropriate; c. residue levels of higher than 30mcg/100cm² indicate a high level of use and may indicate manufacture. Decontamination of premises to the lower level of below 1.5mcg is justified.

The tenant says she does not believe the testing is accurate. She suggested that the methamphetamine may have been contained in paint she used to paint parts of the premises. I am not persuaded by this explanation.

Given the length of the tenancy, with this tenant in occupation since 2015, I find it likely that methamphetamine contamination has occurred during this tenancy whether caused by the tenant or someone at the premises with her permission. I also find that the testing carried out by the landlord is reliable. Therefore, I am satisfied that the premises have also been substantially damaged by methamphetamine which is a ground for termination. However, even if I am wrong, rent arrears and other substantial damage caused at the premises justifies the termination order.

As the tenancy has been lengthy and the tenant requires some time to remove her belongings and vacate, the landlord agrees to give the tenant until 14 October 2024 to vacate the premises.

Claims and awards in Tenancy Tribunal application 4997588 — net $7,853.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2.10.2024	$8,049.56	Rent arrears to 2.10.2024
Net award	$7,853.56
Total payable by Tenant to Landlord	$7,853.56

Order

The tenancy of [The tenant/s] at 61C Herewini Street, Titahi Bay, Porirua 5022 is terminated, and possession is granted to Te Ahuru Mowai Limited Partnership, at 12 noon on Monday 14 October 2024.
The Bond Centre is to pay the bond of $196.00 (3112939-007) to Te Ahuru Mowai Limited Partnership immediately.
[The tenant/s] must pay Te Ahuru Mowai Limited Partnership $7,853.56 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The tenancy started on 6 November 2015. The original landlord was Housing New Zealand Corporation, but the tenancy has been assigned to Te Ahuru Mowai Limited Partnership to manage.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord also applied for termination of the tenancy for breach of the tenant’s obligations.
Under section 55(1)(b) the Tribunal shall terminate the tenancy if satisfied that the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises.
The landlord provided evidence that substantial damage was caused to the premises. The tenant has removed a wall between two bedrooms at the premises and has also removed a wall in the linen cupboard which backed onto the bathroom. Removal of this wall caused a hole in the wet wall lining around the shower/bath. When asked why she removed the wall between the bedrooms, the tenant could not provide an adequate explanation. In relation to the wall in the linen cupboard she says she was concerned about a leak in the wall and oral requests for maintenance were ignored by the landlord. However, even if there was a maintenance issue, it is not open to the tenant to remove walls and cause significant damage in that manner.
The landlord also provided evidence of methamphetamine testing conducted at the property on 29 July 2024 which established the presence of methamphetamine at the premises with one reading in bedroom 1 of 30mcg/100cm², and four other readings in the bathroom, bedroom 2, the lounge and hallway between 2.2 and 5.1 mcg/100cm².
I accept based on the District Court cases Full Circle Real Estate Limited v Piper [2019] NZDC 4947 and Acme Realty Ltd v Alexander James Hogg, Tuitui Grace Polotu, Leigh Sharyn Coughlin [2021] NZDC 3231 that: a. methamphetamine residue of below 15mcg/100cm² does not cause damage to residential tenancy premises unless there is evidence of manufacture; b. in premises, or parts of premises, where residue is higher than 15mcg/100cm², this is considered damage and decontamination of those areas is appropriate; c. residue levels of higher than 30mcg/100cm² indicate a high level of use and may indicate manufacture. Decontamination of premises to the lower level of below 1.5mcg is justified.
The tenant says she does not believe the testing is accurate. She suggested that the methamphetamine may have been contained in paint she used to paint parts of the premises. I am not persuaded by this explanation.
Given the length of the tenancy, with this tenant in occupation since 2015, I find it likely that methamphetamine contamination has occurred during this tenancy whether caused by the tenant or someone at the premises with her permission. I also find that the testing carried out by the landlord is reliable. Therefore, I am satisfied that the premises have also been substantially damaged by methamphetamine which is a ground for termination. However, even if I am wrong, rent arrears and other substantial damage caused at the premises justifies the termination order.
As the tenancy has been lengthy and the tenant requires some time to remove her belongings and vacate, the landlord agrees to give the tenant until 14 October 2024 to vacate the premises.

Tenancy Tribunal case 4997588 — Rent arrears at 61C Herewini Street, Titahi Bay, Porirua 5022

At a glance

Tenancy Tribunal case 4997588 — Rent arrears at 61C Herewini Street, Titahi Bay, Porirua 5022

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions