What was Tenancy Tribunal case 5028968 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5028968?

Property Damage: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $986.90 awarded to landlord; Property Damage: $7,015.00 awarded to landlord; Rent: $4,765.00 awarded to landlord; Water To September 2024: $35.48 awarded to landlord

What type of tenancy dispute was case 5028968?

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

Where can I read the official tribunal order for case 5028968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11390833-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5028968 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5028968?

Property Damage: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $986.90 awarded to landlord; Property Damage: $7,015.00 awarded to landlord; Rent: $4,765.00 awarded to landlord; Water To September 2024: $35.48 awarded to landlord

What type of tenancy dispute was case 5028968?

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

Where can I read the official tribunal order for case 5028968?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11390833-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5028968 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 5028968 — Property damage | 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 5028968 — net $13,829.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 14 October 2024	$4,765.00	Rent to 14 October 2024
Electrical fittings replacement/repair	$986.90	Electrical fittings replacement/repair
Repairs to walls and ceilings	$7,015.00	Repairs to walls and ceilings
Water to September 2024	$35.48	Water to September 2024
Exemplary damages - unlawful use of premises	$1,000.00	Exemplary damages - unlawful use of premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,829.38
Total payable by Tenant to Landlord	$13,829.38

Claims and awards for application 5028968 — net $13,829.38 NZD. Verify on MoJ.

Rent to 14 October 2024

Amount: $4,765.00
Awarded to: Landlord
Reason: Rent to 14 October 2024

Electrical fittings replacement/repair

Amount: $986.90
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Repairs to walls and ceilings

Amount: $7,015.00
Awarded to: Landlord
Reason: Repairs to walls and ceilings

Water to September 2024

Amount: $35.48
Awarded to: Landlord
Reason: Water to September 2024

Exemplary damages - unlawful use of premises

Amount: $1,000.00
Awarded to: Landlord
Reason: Exemplary damages - unlawful use of premises

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s identifying details.
Nguyen Thi Nga and Nguyen Minh Chien must pay Barfoot & Thompson Glenfield Limited $13,829.38 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.
There is no bond. Rent and Water
The tenancy ended on 14 October 2024. The tenant left without giving notice on 17 September 2024. The landlord is entitled to rent in lieu of notice for 28 days. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Tenant Damage
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.
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.
The tenants used the property to grow cannabis. They intentionally damaged internal walls and ceilings making alterations to the premises for this purpose. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Exemplary Damages
A tenant must not use the premises or permit the premises to be used for an unlawful purpose (section 40(2)(b) of the Residential Tenancies Act 1986). Breaching this obligation is an “unlawful act” for which exemplary damages may be awarded up to a maximum of $1,800.00.
It is unlawful to use premises for the purpose of producing or cultivating controlled drugs (section 12 of the Misuse of Drugs Act 1975). Cannabis is a Class C controlled drug. The tenants therefore 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 (section 109(3) of the Residential Tenancies Act 1986).
The premises were damaged intentionally by the tenants for the purpose of their illegal activities. The damage is moderate. The tenants illegally re-routed the power from the meter, so they did not have to pay for electricity used to cultivate the controlled drugs. While their activity was unlawful, there are no other aggravating factors. Putting it simply, the Tribunal has seen worse.
At the same time, the landlord is left having to repair the premises and the public interest requires that tenants are deterred from using residential premises for illegal activity.
I find it would be just to award exemplary damages of $1,000.00 after considering the factors in section 109(3). Filing Fee and Name Suppression
The landlord’s application has been successful. I award the filing fee.
I suppress the tenancy address, as discussed with the landlord.

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 5028968 — net $13,829.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 14 October 2024	$4,765.00	Rent to 14 October 2024
Electrical fittings replacement/repair	$986.90	Electrical fittings replacement/repair
Repairs to walls and ceilings	$7,015.00	Repairs to walls and ceilings
Water to September 2024	$35.48	Water to September 2024
Exemplary damages - unlawful use of premises	$1,000.00	Exemplary damages - unlawful use of premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,829.38
Total payable by Tenant to Landlord	$13,829.38

Claims and awards for application 5028968 — net $13,829.38 NZD. Verify on MoJ.

Rent to 14 October 2024

Amount: $4,765.00
Awarded to: Landlord
Reason: Rent to 14 October 2024

Electrical fittings replacement/repair

Amount: $986.90
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Repairs to walls and ceilings

Amount: $7,015.00
Awarded to: Landlord
Reason: Repairs to walls and ceilings

Water to September 2024

Amount: $35.48
Awarded to: Landlord
Reason: Water to September 2024

Exemplary damages - unlawful use of premises

Amount: $1,000.00
Awarded to: Landlord
Reason: Exemplary damages - unlawful use of premises

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s identifying details.
Nguyen Thi Nga and Nguyen Minh Chien must pay Barfoot & Thompson Glenfield Limited $13,829.38 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.
There is no bond. Rent and Water
The tenancy ended on 14 October 2024. The tenant left without giving notice on 17 September 2024. The landlord is entitled to rent in lieu of notice for 28 days. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Tenant Damage
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.
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.
The tenants used the property to grow cannabis. They intentionally damaged internal walls and ceilings making alterations to the premises for this purpose. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Exemplary Damages
A tenant must not use the premises or permit the premises to be used for an unlawful purpose (section 40(2)(b) of the Residential Tenancies Act 1986). Breaching this obligation is an “unlawful act” for which exemplary damages may be awarded up to a maximum of $1,800.00.
It is unlawful to use premises for the purpose of producing or cultivating controlled drugs (section 12 of the Misuse of Drugs Act 1975). Cannabis is a Class C controlled drug. The tenants therefore 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 (section 109(3) of the Residential Tenancies Act 1986).
The premises were damaged intentionally by the tenants for the purpose of their illegal activities. The damage is moderate. The tenants illegally re-routed the power from the meter, so they did not have to pay for electricity used to cultivate the controlled drugs. While their activity was unlawful, there are no other aggravating factors. Putting it simply, the Tribunal has seen worse.
At the same time, the landlord is left having to repair the premises and the public interest requires that tenants are deterred from using residential premises for illegal activity.
I find it would be just to award exemplary damages of $1,000.00 after considering the factors in section 109(3). Filing Fee and Name Suppression
The landlord’s application has been successful. I award the filing fee.
I suppress the tenancy address, as discussed with the landlord.

Tenancy Tribunal case 5028968 — Property damage

At a glance

Tenancy Tribunal case 5028968 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions