What was Tenancy Tribunal case 5029508 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 5029508?

Detailed Individual Meth Room Testin…: $2,106.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Initial Composite Meth Testing: $350.75 awarded to landlord; Rent Arrears: $5,450.00 awarded to landlord

What type of tenancy dispute was case 5029508?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11114271-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5029508 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 5029508?

Detailed Individual Meth Room Testin…: $2,106.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Initial Composite Meth Testing: $350.75 awarded to landlord; Rent Arrears: $5,450.00 awarded to landlord

What type of tenancy dispute was case 5029508?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11114271-Tribunal_Order_Redacted.pdf.

6 Oxford Street, Fairfield, Hamilton 3214 Tenancy Tribunal Case 5029508 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5029508 — net $5,733.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/9/2024	$5,450.00	Rent arrears to 8/9/2024
Initial composite meth testing	$350.75	Initial composite meth testing
Detailed individual meth room testing	$2,106.00	Detailed individual meth room testing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,733.75
Total payable by Tenant to Landlord	$5,733.75

Both parties 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.

How much is owed for rent?

The tenancy ended on 8/9/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. $500 is deducted from the amount ordered as the parties agreed that the tenants would be compensated for gardening and cleaning work during the tenancy.

Did the tenant comply with their obligations during and at the end of the tenancy?

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.

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.

Tenants must not use the premises for unlawful purposes or permit their guests to do so. They are liable for compensation costs caused if they breach this obligation and it can be established that damage has occurred.

Shortly before the end of the tenancy the landlord had a composite methamphetamine test conducted at the property which confirmed a methamphetamine contamination had occurred at the property and recommended that further detailed testing occur.

As the landlord had methamphetamine testing done at the beginning of the tenancy, the Tribunal can confidently find that the methamphetamine contamination occurred during the tenancy.

Mrs Vula said that her son was the likely offender. Tenants are responsible for the actions of others they permit to be at a property.

Clearly methamphetamine use is unlawful and therefore a breach of a tenant’s obligations.

Equally clearly methamphetamine leaves chemical residue on surfaces where it is used and requires that a landlord establish the extent of the contamination and attend to recommended cleaning.

Fortunately, in this case the composite testing does not reveal levels higher than 15ug in any room and so extensive (and expensive) decontamination is not recommended. The landlord will however need to thoroughly clean the surfaces in the affected rooms before he can rent the property again.

The landlord has claimed for reimbursement of the testing costs and these costs are awarded. They are incurred directly as a consequence of the tenant’s breach and established by the invoices provided.

The landlord’s claim for 4 weeks lost rent is not awarded. While that may have been reasonable if extensive decontamination was required, the more straight forward deep clean that is now required does not justify 4 weeks lost rent. In other words, the cleaning can be completed reasonably simply, in a short period of time. A reasonable landlord will build into their business plan a short period without rent between tenancies.

The amounts ordered are proved.

Because [The applicant/s] has substantially succeeded with the claims I have reimbursed the filing fee and approved his request for name suppression. The public interest requires that the tenants names are published.

Claims and awards in Tenancy Tribunal application 5029508 — net $5,733.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/9/2024	$5,450.00	Rent arrears to 8/9/2024
Initial composite meth testing	$350.75	Initial composite meth testing
Detailed individual meth room testing	$2,106.00	Detailed individual meth room testing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,733.75
Total payable by Tenant to Landlord	$5,733.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Gladys Vula and Etuate Vula must pay [The landlord/s] $5,733.75 immediately, calculated as shown in table below.

Reasons

Both parties 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.

How much is owed for rent?

The tenancy ended on 8/9/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. $500 is deducted from the amount ordered as the parties agreed that the tenants would be compensated for gardening and cleaning work during the tenancy.

Did the tenant comply with their obligations during and at the end of the tenancy?

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.
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.
Tenants must not use the premises for unlawful purposes or permit their guests to do so. They are liable for compensation costs caused if they breach this obligation and it can be established that damage has occurred.
Shortly before the end of the tenancy the landlord had a composite methamphetamine test conducted at the property which confirmed a methamphetamine contamination had occurred at the property and recommended that further detailed testing occur.
As the landlord had methamphetamine testing done at the beginning of the tenancy, the Tribunal can confidently find that the methamphetamine contamination occurred during the tenancy.
Mrs Vula said that her son was the likely offender. Tenants are responsible for the actions of others they permit to be at a property.
Clearly methamphetamine use is unlawful and therefore a breach of a tenant’s obligations.
Equally clearly methamphetamine leaves chemical residue on surfaces where it is used and requires that a landlord establish the extent of the contamination and attend to recommended cleaning.
Fortunately, in this case the composite testing does not reveal levels higher than 15ug in any room and so extensive (and expensive) decontamination is not recommended. The landlord will however need to thoroughly clean the surfaces in the affected rooms before he can rent the property again.
The landlord has claimed for reimbursement of the testing costs and these costs are awarded. They are incurred directly as a consequence of the tenant’s breach and established by the invoices provided.
The landlord’s claim for 4 weeks lost rent is not awarded. While that may have been reasonable if extensive decontamination was required, the more straight forward deep clean that is now required does not justify 4 weeks lost rent. In other words, the cleaning can be completed reasonably simply, in a short period of time. A reasonable landlord will build into their business plan a short period without rent between tenancies.
The amounts ordered are proved.
Because [The applicant/s] has substantially succeeded with the claims I have reimbursed the filing fee and approved his request for name suppression. The public interest requires that the tenants names are published.

Tenancy Tribunal case 5029508 — Rent arrears at 6 Oxford Street, Fairfield, Hamilton 3214

At a glance

Tenancy Tribunal case 5029508 — Rent arrears at 6 Oxford Street, Fairfield, Hamilton 3214

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations during and at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations during and at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions