What was the outcome of Tenancy Tribunal case 5014613?

The tribunal order states: Simone Hopkinson must pay Aurelia Hand and Stephen James Hand $1,097.35

How much money was awarded in case 5014613?

Property Damage: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; 2 Broken Windows: $470.35 awarded to landlord

What type of tenancy dispute was case 5014613?

The primary dispute was Exemplary damages. Related themes: Property damage.

Where can I read the official tribunal order for case 5014613?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11174989-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5014613?

The tribunal order states: Simone Hopkinson must pay Aurelia Hand and Stephen James Hand $1,097.35

How much money was awarded in case 5014613?

Property Damage: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; 2 Broken Windows: $470.35 awarded to landlord

What type of tenancy dispute was case 5014613?

The primary dispute was Exemplary damages. Related themes: Property damage.

Where can I read the official tribunal order for case 5014613?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11174989-Tribunal_Order.pdf.

3 Hei Hei Road, Hei Hei, Christchurch 8042 Tenancy Tribunal Case 5014613 — Exemplary damages

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3 Hei Hei Road, Hei Hei, Christchurch 8042 Tenancy Tribunal Case 5014613 — Exemplary damages | 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 5014613 — net $1,097.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: 2 broken windows	$470.35	Repairs: 2 broken windows
Exemplary damages – unlawful use of premises	$600.00	Exemplary damages – unlawful use of premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,097.35
Total payable by Tenant to Landlord	$1,097.35

Claims and awards for application 5014613 — net $1,097.35 NZD. Verify on MoJ.

Repairs: 2 broken windows

Amount: $470.35
Awarded to: Landlord
Reason: Repairs: 2 broken windows

Exemplary damages – unlawful use of premises

Amount: $600.00
Awarded to: Landlord
Reason: Exemplary damages – unlawful use of premises

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,097.35

Total payable by Tenant to Landlord

Landlord $1,097.35

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Property damage

Order

Simone Hopkinson must pay Aurelia Hand and Stephen James Hand $1,097.35 immediately, calculated as shown in table below:
The application for compensation for remediating methamphetamine contamination is withdrawn.

Reasons

Both parties attended the hearing; Ms Hand represented the landlord.
By order dated 21 August 2024, the Tribunal terminated the tenancy and awarded the landlord rent arrears and the bond – see [2024] NZTT 4955993.
The landlord has applied for compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.
The landlord withdrew a claim for compensation for remediating methamphetamine contamination.

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 of the Residential Tenancies Act 1986 (RTA).
The following damage was caused during the tenancy: 2 windows were broken and had to be repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. She accepts that the damage occurred, Exemplary damages
The landlord seeks exemplary damages for the tenant using or permitting others to use methamphetamine at the premises. The landlord believes that the high laboratory readings of methamphetamine establish that the drug was manufactured there. The tenant denies that.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) RTA.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A RTA.
It is unlawful to use or manufacture methamphetamine, a Class A drug under section 3A and Schedule 1 of the Misuse of Drugs Act 1975.
The tenant admitted that persons at the premises with her consent, her boarders, used methamphetamine. I find that the tenant, who is liable for the actions of others present at the premises with her consent, committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
Knowing that her boarders used methamphetamine and allowing them to continue to do so establishes intent. The effect on the landlord was considerable resulting in an insurance claim for the decontamination of the premises, and a loss of rent. The use of a prohibited drug is against the public interest. It is just that exemplary damages are awarded to the landlord.
I award the landlord exemplary damages of $600.00 for this unlawful act by the tenant. Result
The tenant will pay the landlord $1,097.35 comprising compensation for damage ($470.35); exemplary damages ($600.00); and reimbursement of the filing fee on the successful application ($27.00).

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 5014613 — net $1,097.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: 2 broken windows	$470.35	Repairs: 2 broken windows
Exemplary damages – unlawful use of premises	$600.00	Exemplary damages – unlawful use of premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,097.35
Total payable by Tenant to Landlord	$1,097.35

Claims and awards for application 5014613 — net $1,097.35 NZD. Verify on MoJ.

Repairs: 2 broken windows

Amount: $470.35
Awarded to: Landlord
Reason: Repairs: 2 broken windows

Exemplary damages – unlawful use of premises

Amount: $600.00
Awarded to: Landlord
Reason: Exemplary damages – unlawful use of premises

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,097.35

Total payable by Tenant to Landlord

Landlord $1,097.35

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Property damage

Order

Simone Hopkinson must pay Aurelia Hand and Stephen James Hand $1,097.35 immediately, calculated as shown in table below:
The application for compensation for remediating methamphetamine contamination is withdrawn.

Reasons

Both parties attended the hearing; Ms Hand represented the landlord.
By order dated 21 August 2024, the Tribunal terminated the tenancy and awarded the landlord rent arrears and the bond – see [2024] NZTT 4955993.
The landlord has applied for compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.
The landlord withdrew a claim for compensation for remediating methamphetamine contamination.

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 of the Residential Tenancies Act 1986 (RTA).
The following damage was caused during the tenancy: 2 windows were broken and had to be repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. She accepts that the damage occurred, Exemplary damages
The landlord seeks exemplary damages for the tenant using or permitting others to use methamphetamine at the premises. The landlord believes that the high laboratory readings of methamphetamine establish that the drug was manufactured there. The tenant denies that.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) RTA.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A RTA.
It is unlawful to use or manufacture methamphetamine, a Class A drug under section 3A and Schedule 1 of the Misuse of Drugs Act 1975.
The tenant admitted that persons at the premises with her consent, her boarders, used methamphetamine. I find that the tenant, who is liable for the actions of others present at the premises with her consent, committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
Knowing that her boarders used methamphetamine and allowing them to continue to do so establishes intent. The effect on the landlord was considerable resulting in an insurance claim for the decontamination of the premises, and a loss of rent. The use of a prohibited drug is against the public interest. It is just that exemplary damages are awarded to the landlord.
I award the landlord exemplary damages of $600.00 for this unlawful act by the tenant. Result
The tenant will pay the landlord $1,097.35 comprising compensation for damage ($470.35); exemplary damages ($600.00); and reimbursement of the filing fee on the successful application ($27.00).

Tenancy Tribunal case 5014613 — Exemplary damages at 3 Hei Hei Road, Hei Hei, Christchurch 8042

At a glance

Tenancy Tribunal case 5014613 — Exemplary damages at 3 Hei Hei Road, Hei Hei, Christchurch 8042

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