What was the outcome of Tenancy Tribunal case 5053088?

The tribunal order states: The tenancy of Carlo Wilson at Unit/Flat 9, 75 Wintere Road, Papatoetoe,

How much money was awarded in case 5053088?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5053088?

The dispute type was not classified.

Where can I read the official tribunal order for case 5053088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11201879-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5053088?

The tribunal order states: The tenancy of Carlo Wilson at Unit/Flat 9, 75 Wintere Road, Papatoetoe,

How much money was awarded in case 5053088?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5053088?

The dispute type was not classified.

Where can I read the official tribunal order for case 5053088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11201879-Tenancy_Tribunal_Order.pdf.

Unit/Flat 9, 75 Wintere Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5053088 — Tenancy dispute

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Order

The tenancy of Carlo Wilson at Unit/Flat 9, 75 Wintere Road, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Linkpeople Limited, at 2pm on Wednesday, 11 December 2024.

Carlo Wilson must pay Linkpeople Limited $27.00 immediately, being reimbursement of the Tribunal application fee.

Reasons

A representative of the landlord attended the hearing.

The tenant did not attend and did not answer calls to his mobile during the hearing. The Tribunal file shows that the notice of hearing and application were served by post at the tenancy address. I am satisfied that it was appropriate to continue with the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. In particular, the landlord says that the tenant has used the premises for an unlawful purpose, being the smoking or use of methamphetamine.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached their obligations by using or allowing the use of methamphetamine at the premises. Pre-tenancy methamphetamine test results were below the reporting threshold. The landlord provided evidence of two test results from during the tenancy.

The first was from April 2023 which showed increased levels of methamphetamine throughout the property, in particular; in the Kitchen (6.57μg/100cm2), Bathroom (10.1 μg/100cm2) and Toilet (13.2 μg/100cm2). Those readings support the conclusion that methamphetamine was used at the property after the tenancy started.

Similarly, testing done on 22 October 2024 returned high readings in the Lounge (42.9 μg/100cm2) and Bedroom 2 (35.8 μg/100cm2). There were readings of 3.71 to 11.7 μg/100cm2 in other rooms.

A tenant must not use or allow premises to be used for an unlawful act. The use of methamphetamine is unalwful. The requirement not to use premises for an unlawful purpose is a negative covenant and cannot be remedied for the purpose of s56. See Clarke v Housing New Zealand Corporation (CIV-2008- 006-000033)

It would be inequitable to refuse to terminate the tenancy. This is a social housing complex; methamphetamine use impacts on other vulnerable tenants. There are others waiting for social housing to become available. 1

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee. 1 The Landlord indicated that it is willing to continue working with this tenant to find a long term solution, but that methamphetamine use at the premises cannot continue.

The landlord will make a further application for decontamination costs once it has possession of the premises, and the scope of remedial works has been determined.

Order

The tenancy of Carlo Wilson at Unit/Flat 9, 75 Wintere Road, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Linkpeople Limited, at 2pm on Wednesday, 11 December 2024.

Carlo Wilson must pay Linkpeople Limited $27.00 immediately, being reimbursement of the Tribunal application fee.

Reasons

A representative of the landlord attended the hearing.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Similarly, testing done on 22 October 2024 returned high readings in the Lounge (42.9 μg/100cm2) and Bedroom 2 (35.8 μg/100cm2). There were readings of 3.71 to 11.7 μg/100cm2 in other rooms.

The landlord will make a further application for decontamination costs once it has possession of the premises, and the scope of remedial works has been determined.

Tenancy Tribunal case 5053088 — Tenancy dispute at Unit/Flat 9, 75 Wintere Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5053088 — Tenancy dispute at Unit/Flat 9, 75 Wintere Road, Papatoetoe, Auckland 2025

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions