Published tribunal order
Tenancy Tribunal case 5064068 — Property damage at Unit/Flat 2, 66 Sefton Street, Seaview, Timaru 7910
Decided 8 Apr 2025 · Published 8 Apr 2025 · Application 5064068
- Property damage
- Exemplary damages
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- Roberta Anne Scannell must pay [The landlord/s] $4,411.51 immediately, calculated as shown in table below.
Reasons
- This hearing was scheduled to be heard by video conference. Ms Scannell did not link to the teams link provided for her. I rang the number provided for the tenant and left a message on her voicemail advising that I would be ringing back in 5 minutes. Ms Scannell did not answer her phone again and so the hearing proceeded in her absence.
- The landlord has applied for compensation and exemplary damages relating to methamphetamine contamination, reimbursement of a power bill, courier costs and reimbursement of the filing fee following the end of the tenancy.
- This order ought to be read together with the Tribunal’s previous order dated 28 January 2025. In terms of service, I accept that the tenant has been appropriately served with all documents relating to this hearing in accordance with the provisions of that order. Power charges
- I accept the evidence showing that as at the end of the tenancy Ms Scannell owed $125.45 for power charges. She is to pay this amount.
Is the tenant responsible for the methamphetamine contamination 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 RTA.
- 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. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
- Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
- The Tribunal considers that premises are contaminated by methamphetamine when the premises, when tested, record the presence of methamphetamine at a level greater than 15mg/100cm 2 .
- I accept the evidence that methamphetamine contamination occurred during Ms Scannell’s tenancy because tests done prior to the beginning of her tenancy record no evidence of contamination.
- However, tests done subsequent to her vacating the tenancy show significant levels of methamphetamine contamination throughout the premises.
- Bedroom I has a level of 24mg/100cm 2 , bedroom 2 has a level of
- 3mg/100cm 2 , bedroom 3 - 17mg/100cm 2 , bedroom 4 – 53mg/100cm 2 , the entranceway – 41mg/100cm 2 , the sunroom – 15.7/100cm 2 , and the lounge – 30mg/100cm 2 .
- Ms Scannell is therefore required to pay the costs of having the property decontaminated.
- The owners of the property had insurance cover of up to $30,000.00 less the excess of $2,500.00.
- Ms Scannell is therefore required to pay the insurance excess plus any costs over the $30,000.00 policy limit. I accept those costs, as at 21 January 2025, as being $140.03. She is also required to pay a subsequent invoiced cost ($119.03) for replacement rangehood grills. Exemplary damages
- [The landlord/s] have made a claim for exemplary damages against the tenant.
- A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) 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. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
- The presence of significant recordings of methamphetamine contamination means that the tenant clearly used the premises for an unlawful purpose and has therefore committed an unlawful act under the Residential Tenancies Act 1986.
- 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) Residential Tenancies Act 1986.
- The tenant intentionally used methamphetamine at the premises. The effect on the landlord has been significant. There has been a lot of time spent getting the premises remediated and the premises have not been able to be re-rented within a usual timeframe. For this reason I am awarding exemplary damages at the upper end of the scale at $1,500.00.
- The public also has considerable interest in tenants abiding by their obligations not only under the Residential Tenancies Act but also in abiding by the obligations that everyone has, not to commit a criminal offence. Courier costs and filing fee
- I am dismissing the landlord’s claim for the costs of couriering the documentation to the tenant. This is because this is a cost incurred in bringing a claim to the Tribunal which is not something that a tenant is liable for.
- However I am ordering the tenant to reimburse the filing fee to the landlord, as provided by s102(4) of the Residential Tenancies Act 1986, because the landlord was substantially successful in the claim against her Suppression of landlord’s name
- Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
- I am allowing the landlord’s application for suppression of their name in accordance with the provisions of s95(A)(3). C ter Haar 08 April 2025