What was the outcome of Tenancy Tribunal case 5044570?

The tribunal order states: The Bond Centre is to pay the bond of $2,120.00 (3603339-004) immediately

How much money was awarded in case 5044570?

Filing Fee: $27.00 awarded to landlord; Cleaning: $750.00 awarded to landlord; Rent Arrears: $605.71 awarded to landlord; Water Rates: $13.07 awarded to landlord

What type of tenancy dispute was case 5044570?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5044570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11494532-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5044570?

The tribunal order states: The Bond Centre is to pay the bond of $2,120.00 (3603339-004) immediately

How much money was awarded in case 5044570?

Filing Fee: $27.00 awarded to landlord; Cleaning: $750.00 awarded to landlord; Rent Arrears: $605.71 awarded to landlord; Water Rates: $13.07 awarded to landlord

What type of tenancy dispute was case 5044570?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5044570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11494532-Tenancy_Tribunal_Order.pdf.

25 Makiri Street, Helensville, Helensville 0800 Tenancy Tribunal Case 5044570 — Property damage

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25 Makiri Street, Helensville, Helensville 0800 Tenancy Tribunal Case 5044570 — 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 5044570 — net $1,395.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$605.71	Rent arrears
Water rates	$13.07	Water rates
Meth testing/Cleaning: Insurance excess	$750.00	____ 50445705 decontamination of the kitchen-only would not have been less than $750. I make the order accordingly.
Filing fee	$27.00	Filing fee
Net award	$1,395.78
Bond	$2,120.00
Total payable by Tenant to Landlord	$1,395.78

Claims and awards for application 5044570 — net $1,395.78 NZD. Verify on MoJ.

Rent arrears

Amount: $605.71
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $13.07
Awarded to: Landlord
Reason: Water rates

Meth testing/Cleaning: Insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: ____ 50445705 decontamination of the kitchen-only would not have been less than $750. I make the order accordingly.

Filing fee

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

Net award

Landlord $1,395.78

Bond

Landlord $2,120.00

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Cleanliness Rent arrears Water Rates

Order

The Bond Centre is to pay the bond of $2,120.00 (3603339-004) immediately apportioned as follows: The Difference Limited As Agent For Doug & Jenny Sheldon Bradley-Collins Family Trust: $1,395.78 Tania Bell: $724.22
Tania Bell must pay The Difference Limited As Agent For Doug & Jenny Sheldon Bradley-Collins Family Trust $1,395.78 from the bond, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant did not attend. After the hearing was completed, I received an email from the registry advising the tenant had contacted the registry this morning to say they were unwell. The tenant had requested to attend the hearing via phone. When I received the request, the hearing had been completed.
The tenant has the ability to apply for a re-hearing if they wish.
The landlord has applied for rent arrears, compensation for unpaid water rates, compensation for methamphetamine decontamination, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 6 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
As regard rent, a rent summary shows the tenant last paid rent on 16 July 2024.
As regards water, the landlord noted the final reading of the meter was conducted on 13 September 2024 – four days after the tenancy ended. The landlord stated the house was empty and no water was used between 9 September 2024 when the tenant vacated the premises and 13 September 2024 when the final reading was taken by the property manager’s assistant.

Is the tenant responsible for the decontamination of the premises?

The law

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.
In May 2018, the Chief Science Advisor, Professor Sir Peter Gluckman determined that there was little evidence supporting health risks from exposure to residue from methamphetamine consumption (Report entitled ‘Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards’, 29 May 2018). The report concluded that any levels below 15 μg/100 cm2 were unlikely to present adverse effects: Taken together, these factors indicate that methamphetamine levels that exceed the NZS 8510:2017 clean-up standard of 1.5 μg/100 cm2 should not be regarded as signalling a health risk. Indeed, exposure to methamphetamine levels below 15 μg/100 cm2 would be unlikely to give rise to any adverse effects. This level still incorporates a 30-fold safety buffer on a conservative estimate of risk.
Several decisions from the District Court have confirmed that the level to be applied in the Tenancy Tribunal when considering claims for compensation for methamphetamine decontamination is the level expressed by the Chief Science Advisor, which is that there is no risk when levels of contamination are below 15 μg/100 cm2. 1 The evidence
A pre-tenancy methamphetamine test was conducted on 18 October 2023. The report recorded no traces of methamphetamine were detected.
The tenancy commenced on 3 November 2023 and ended on 6 September 2024.
A post-tenancy methamphetamine combined sample test was conducted on 13 September 2024. The report recorded methamphetamine was detected. A further sample test was conducted on 20 September 2024 with the following results recorded room-by-room: RoomSample CodeResult Hallway 1HAL1A-Hallway 11.36μg Bedroom 1BDR1A-Bedroom 13.39μg Bedroom 2BDR2A-Bedroom 25.95μg 1 See Full Circle Real Estate Limited v Danielle Piper [2019] NZDC 4947; Eren Limited v Martin and Kukuruzsnak [2021] NZDC 15210; Acme Realty Limited v Hogg, Polotu and Coughlin [2021] NZDC 3231. Bathroom 1BTM1A-Bathroom 11.00μg Bedroom 3BDR3A-Bedroom 39.67μg Bedroom 2BDR2B-Bedroom 21.23μg Bedroom 3BDR3B-Bedroom 310.40μg Kitchen 1KTN1A-Kitchen 115.60μg Dining Room 1DNR1A-Dining Room 11.62μg Lounge 1LNG1A-Lounge 18.21μg Laundry 1LDY1A-Laundry 10.10μg Storage Area 1STO1A-Storage Area 10.06μg
The landlord provided evidence that a claim had been lodged with their insurers for decontamination of the premises. The insurer stated the total cost of decontamination was $8,575.71, with an excess payable of $750.
The landlord says when they approached the tenant seeking re-payment of the excess ($750), the tenant raised two issues: a. The tenant alleged others may have contaminated the house between 18 October 2023 (when the pre-tenancy test was conducted) and 6 November 2023 (when the tenant moved in); and b. The tenant did not consider she was liable for the full amount of the excess as only the kitchen area was above 15 μg/100cm².
As to the first issue, the landlord says contractors installed a new ranchslider between 10–18 October 2023. The landlord says the pre-tenancy methamphetamine test was conducted on the morning of 18 October 2023, after all contractors had left the premises. The landlord says there were no other occupants in the premises between 18 October 2023 and 6 November 2023 when the tenant moved in, therefore contamination could not have occurred by anyone other than the tenant (or those she is responsible for).
As to the second issue, the landlord says she requested quotes from several companies to ascertain the cost to remediate the kitchen only, given that was the only room which tested over 15 μg/100cm². The landlord said none of the quotes received were less than $750.
The landlord confirmed the decontamination work has been carried out and the home has been sold.
I find the amounts ordered are proved. The post-tenancy methamphetamine test showed methamphetamine contamination above 15 μg/100 cm2. The tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. The insurance excess is less than four weeks’ rent and I am satisfied decontamination of the kitchen-only would not have been less than $750. I make the order accordingly.

Should the tenant reimburse the filing fee?

Given the landlord has wholly succeeded with the claim the tenant must reimburse the filing fee.

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 5044570 — net $1,395.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$605.71	Rent arrears
Water rates	$13.07	Water rates
Meth testing/Cleaning: Insurance excess	$750.00	____ 50445705 decontamination of the kitchen-only would not have been less than $750. I make the order accordingly.
Filing fee	$27.00	Filing fee
Net award	$1,395.78
Bond	$2,120.00
Total payable by Tenant to Landlord	$1,395.78

Claims and awards for application 5044570 — net $1,395.78 NZD. Verify on MoJ.

Rent arrears

Amount: $605.71
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $13.07
Awarded to: Landlord
Reason: Water rates

Meth testing/Cleaning: Insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: ____ 50445705 decontamination of the kitchen-only would not have been less than $750. I make the order accordingly.

Filing fee

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

Net award

Landlord $1,395.78

Bond

Landlord $2,120.00

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Cleanliness Rent arrears Water Rates

Order

The Bond Centre is to pay the bond of $2,120.00 (3603339-004) immediately apportioned as follows: The Difference Limited As Agent For Doug & Jenny Sheldon Bradley-Collins Family Trust: $1,395.78 Tania Bell: $724.22
Tania Bell must pay The Difference Limited As Agent For Doug & Jenny Sheldon Bradley-Collins Family Trust $1,395.78 from the bond, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant did not attend. After the hearing was completed, I received an email from the registry advising the tenant had contacted the registry this morning to say they were unwell. The tenant had requested to attend the hearing via phone. When I received the request, the hearing had been completed.
The tenant has the ability to apply for a re-hearing if they wish.
The landlord has applied for rent arrears, compensation for unpaid water rates, compensation for methamphetamine decontamination, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 6 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
As regard rent, a rent summary shows the tenant last paid rent on 16 July 2024.
As regards water, the landlord noted the final reading of the meter was conducted on 13 September 2024 – four days after the tenancy ended. The landlord stated the house was empty and no water was used between 9 September 2024 when the tenant vacated the premises and 13 September 2024 when the final reading was taken by the property manager’s assistant.

Is the tenant responsible for the decontamination of the premises?

The law

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.
In May 2018, the Chief Science Advisor, Professor Sir Peter Gluckman determined that there was little evidence supporting health risks from exposure to residue from methamphetamine consumption (Report entitled ‘Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards’, 29 May 2018). The report concluded that any levels below 15 μg/100 cm2 were unlikely to present adverse effects: Taken together, these factors indicate that methamphetamine levels that exceed the NZS 8510:2017 clean-up standard of 1.5 μg/100 cm2 should not be regarded as signalling a health risk. Indeed, exposure to methamphetamine levels below 15 μg/100 cm2 would be unlikely to give rise to any adverse effects. This level still incorporates a 30-fold safety buffer on a conservative estimate of risk.
Several decisions from the District Court have confirmed that the level to be applied in the Tenancy Tribunal when considering claims for compensation for methamphetamine decontamination is the level expressed by the Chief Science Advisor, which is that there is no risk when levels of contamination are below 15 μg/100 cm2. 1 The evidence
A pre-tenancy methamphetamine test was conducted on 18 October 2023. The report recorded no traces of methamphetamine were detected.
The tenancy commenced on 3 November 2023 and ended on 6 September 2024.
A post-tenancy methamphetamine combined sample test was conducted on 13 September 2024. The report recorded methamphetamine was detected. A further sample test was conducted on 20 September 2024 with the following results recorded room-by-room: RoomSample CodeResult Hallway 1HAL1A-Hallway 11.36μg Bedroom 1BDR1A-Bedroom 13.39μg Bedroom 2BDR2A-Bedroom 25.95μg 1 See Full Circle Real Estate Limited v Danielle Piper [2019] NZDC 4947; Eren Limited v Martin and Kukuruzsnak [2021] NZDC 15210; Acme Realty Limited v Hogg, Polotu and Coughlin [2021] NZDC 3231. Bathroom 1BTM1A-Bathroom 11.00μg Bedroom 3BDR3A-Bedroom 39.67μg Bedroom 2BDR2B-Bedroom 21.23μg Bedroom 3BDR3B-Bedroom 310.40μg Kitchen 1KTN1A-Kitchen 115.60μg Dining Room 1DNR1A-Dining Room 11.62μg Lounge 1LNG1A-Lounge 18.21μg Laundry 1LDY1A-Laundry 10.10μg Storage Area 1STO1A-Storage Area 10.06μg
The landlord provided evidence that a claim had been lodged with their insurers for decontamination of the premises. The insurer stated the total cost of decontamination was $8,575.71, with an excess payable of $750.
The landlord says when they approached the tenant seeking re-payment of the excess ($750), the tenant raised two issues: a. The tenant alleged others may have contaminated the house between 18 October 2023 (when the pre-tenancy test was conducted) and 6 November 2023 (when the tenant moved in); and b. The tenant did not consider she was liable for the full amount of the excess as only the kitchen area was above 15 μg/100cm².
As to the first issue, the landlord says contractors installed a new ranchslider between 10–18 October 2023. The landlord says the pre-tenancy methamphetamine test was conducted on the morning of 18 October 2023, after all contractors had left the premises. The landlord says there were no other occupants in the premises between 18 October 2023 and 6 November 2023 when the tenant moved in, therefore contamination could not have occurred by anyone other than the tenant (or those she is responsible for).
As to the second issue, the landlord says she requested quotes from several companies to ascertain the cost to remediate the kitchen only, given that was the only room which tested over 15 μg/100cm². The landlord said none of the quotes received were less than $750.
The landlord confirmed the decontamination work has been carried out and the home has been sold.
I find the amounts ordered are proved. The post-tenancy methamphetamine test showed methamphetamine contamination above 15 μg/100 cm2. The tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. The insurance excess is less than four weeks’ rent and I am satisfied decontamination of the kitchen-only would not have been less than $750. I make the order accordingly.

Should the tenant reimburse the filing fee?

Given the landlord has wholly succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5044570 — Property damage at 25 Makiri Street, Helensville, Helensville 0800

At a glance

Tenancy Tribunal case 5044570 — Property damage at 25 Makiri Street, Helensville, Helensville 0800

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the decontamination of the premises?

Should the tenant reimburse the filing fee?

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 and water rates?

Is the tenant responsible for the decontamination of the premises?

Should the tenant reimburse the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions