How much money was awarded in case 5115588?

The reconciled net award was $27.00.

What type of tenancy dispute was case 5115588?

The dispute type was not classified.

Where can I read the official tribunal order for case 5115588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11341123-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5115588?

The reconciled net award was $27.00.

What type of tenancy dispute was case 5115588?

The dispute type was not classified.

Where can I read the official tribunal order for case 5115588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11341123-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5115588 — Tenancy dispute

Q: What was Tenancy Tribunal case 5115588 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 4pm on Wednesday 29 January 2025.

[The tenant/s] must pay [The landlord/s] $27.00 immediately, being reimbursement of the filing fee.

Reasons

Only the applicant landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for possession of the premises following the termination of the tenancy.

On 6 November 2024 the landlord issued a notice to terminate the tenancy on the grounds that the premises were no longer safe to occupy due to meth contamination. The notice stated that extensive repairs are required and that the end date of the tenancy was 12 December 2024.

The landlord has not filed any pretest from the commencement of the tenancy or any evidence regarding the cause of the contamination, therefore, this claim is being considered pursuant to section 59 of the Residential Tenancies Act 1986 which relates to damage to the premises other than as a result of a breach of the tenancy agreement.

Section 59 of the Residential Tenancies Act 1986 states the following: “(1)Where, otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the premises are destroyed, or are so seriously damaged as to be uninhabitable,— (a)the rent shall abate accordingly; and (b)either party may give notice to the other terminating the tenancy. (2)Where a landlord gives notice of termination under subsection (1), the period of notice shall be not less than 7 days”

The landlord supplied a copy of methamphetamine testing results. The results dated 4 December 2024 provide individual sample results following an earlier high composite result. The test report from [testing company] records methamphetamine detected in all five samples with a result of 18.4 μg/100cm2 in the lounge.

The lounge result is above the level of 15mu/100cm2. This is the level that the Tribunal has held, with the endorsement of the District Court, to be the level where results above this deem a property to be contaminated and render premises uninhabitable.

As the lounge is in a high use area of the premises, I find that the landlord has proved on the balance of probabilities that the premises are so seriously damaged as to be uninhabitable pursuant to section 59 of the Residential Tenancies Act 1986.

The landlord issued notice to terminate the tenancy. The notice period was not less than 7 days.

The tenant has not vacated the premises. The landlord is concerned that there are health and safety risks for the tenant continuing to live in contaminated premises. The landlord stated that the tenant has been offered help to find alternative accommodation but is not engaging with the assistance offered.

The tenancy ended on 12 December 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied. Therefore, a possession order is granted as at 29 January 2025 as sought by the landlord.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression. Having considered the factors in this case, including that there are allegations of illegal substance contamination with no evidence regarding who has caused this, the Tribunal grants suppression of all party details.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 4pm on Wednesday 29 January 2025.
[The tenant/s] must pay [The landlord/s] $27.00 immediately, being reimbursement of the filing fee.

Reasons

Only the applicant landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for possession of the premises following the termination of the tenancy.
On 6 November 2024 the landlord issued a notice to terminate the tenancy on the grounds that the premises were no longer safe to occupy due to meth contamination. The notice stated that extensive repairs are required and that the end date of the tenancy was 12 December 2024.
The landlord has not filed any pretest from the commencement of the tenancy or any evidence regarding the cause of the contamination, therefore, this claim is being considered pursuant to section 59 of the Residential Tenancies Act 1986 which relates to damage to the premises other than as a result of a breach of the tenancy agreement.
Section 59 of the Residential Tenancies Act 1986 states the following: “(1)Where, otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the premises are destroyed, or are so seriously damaged as to be uninhabitable,— (a)the rent shall abate accordingly; and (b)either party may give notice to the other terminating the tenancy. (2)Where a landlord gives notice of termination under subsection (1), the period of notice shall be not less than 7 days”
The landlord supplied a copy of methamphetamine testing results. The results dated 4 December 2024 provide individual sample results following an earlier high composite result. The test report from [testing company] records methamphetamine detected in all five samples with a result of 18.4 μg/100cm2 in the lounge.
The lounge result is above the level of 15mu/100cm2. This is the level that the Tribunal has held, with the endorsement of the District Court, to be the level where results above this deem a property to be contaminated and render premises uninhabitable.
As the lounge is in a high use area of the premises, I find that the landlord has proved on the balance of probabilities that the premises are so seriously damaged as to be uninhabitable pursuant to section 59 of the Residential Tenancies Act 1986.
The landlord issued notice to terminate the tenancy. The notice period was not less than 7 days.
The tenant has not vacated the premises. The landlord is concerned that there are health and safety risks for the tenant continuing to live in contaminated premises. The landlord stated that the tenant has been offered help to find alternative accommodation but is not engaging with the assistance offered.
The tenancy ended on 12 December 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied. Therefore, a possession order is granted as at 29 January 2025 as sought by the landlord.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression. Having considered the factors in this case, including that there are allegations of illegal substance contamination with no evidence regarding who has caused this, the Tribunal grants suppression of all party details.

Tenancy Tribunal case 5115588 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5115588 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions