What was Tenancy Tribunal case 5117151 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 5117151?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5117151?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5117151?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11542812-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5117151 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 5117151?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5117151?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5117151?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11542812-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5117151 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Topeora Bailey at [Tenancy address suppressed] is terminated, and possession is granted to the landlord, immediately.
No order is made regarding compensation for a methamphetamine test. It is more appropriate for that cost to be included with other costs relating to damage in a future application when all costs are known.
The rent was not in arrears at the time of the hearing.
The landlord has not applied for the filing fee.

Reasons

Only the landlord attended the hearing. The hearing was delayed for 10 minutes to give the tenant time to arrive at [the District Court]. When she did not arrive, she was phoned but the call went to voicemail.
The landlord applied for termination of the tenancy, rent arrears and the cost of testing. It is only necessary to discuss termination of the tenancy for the reasons given above.
There have been two hearings regarding this application. At the first hearing, evidence was provided showing one methamphetamine reading above 15μg/100cm². A test in the kitchen showed 19.6μg/100cm² Readings above 15μg/100cm² are considered to be unsafe. 15μg/100cm² is considered safe. No other area of the house was contaminated.
The tenant appeared at the first hearing. Her submission was that she was not a user and that the contamination reading in the kitchen and other readings showing methamphetamine residue in other rooms was likely to have been caused by her father visiting and staying with her. She stated that he was now not permitted to be at the property.
The Tribunal adjourned the hearing on 22 January 2025 for further evidence. It was suggested that a further test be carried out. The reason was that if the source of methamphetamine usage at the premises had been removed, the second readings would be consistent with the first readings.
The premises was tested for methamphetamine on 24 January 2025. The landlord has provided the result in evidence.
The second test shows significant increase in the levels of methamphetamine throughout the premises. Of more concern is that there are now four areas registering above 15μg/100cm². This will result in considerable cost to the landlord to remediate.
Bedrooms two and three, the kitchen and the upstairs hallway have unsafe levels of methamphetamine contamination. It is unsafe to live in the premises and therefore necessary for the Tribunal to terminate the tenancy immediately.
I am satisfied that the tenant is in breach of her tenancy agreement. Either she has acted unlawfully at the premises by using methamphetamine or she has permitted people to be at the premises who have used methamphetamine.
The Residential Tenancies Act 1986 also provides for tenancies to be terminated where a tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises (s55(1)(b). I am satisfied that the methamphetamine readings in the property justifies termination on the grounds of substantial damage caused to the premises.
Termination has been ordered immediately. The tenant has had sufficient notice of that results of the second test and should not be surprised that the tenancy will be ended by the Tribunal immediately. Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Topeora Bailey at [Tenancy address suppressed] is terminated, and possession is granted to the landlord, immediately.
No order is made regarding compensation for a methamphetamine test. It is more appropriate for that cost to be included with other costs relating to damage in a future application when all costs are known.
The rent was not in arrears at the time of the hearing.
The landlord has not applied for the filing fee.

Reasons

Only the landlord attended the hearing. The hearing was delayed for 10 minutes to give the tenant time to arrive at [the District Court]. When she did not arrive, she was phoned but the call went to voicemail.
The landlord applied for termination of the tenancy, rent arrears and the cost of testing. It is only necessary to discuss termination of the tenancy for the reasons given above.
There have been two hearings regarding this application. At the first hearing, evidence was provided showing one methamphetamine reading above 15μg/100cm². A test in the kitchen showed 19.6μg/100cm² Readings above 15μg/100cm² are considered to be unsafe. 15μg/100cm² is considered safe. No other area of the house was contaminated.
The tenant appeared at the first hearing. Her submission was that she was not a user and that the contamination reading in the kitchen and other readings showing methamphetamine residue in other rooms was likely to have been caused by her father visiting and staying with her. She stated that he was now not permitted to be at the property.
The Tribunal adjourned the hearing on 22 January 2025 for further evidence. It was suggested that a further test be carried out. The reason was that if the source of methamphetamine usage at the premises had been removed, the second readings would be consistent with the first readings.
The premises was tested for methamphetamine on 24 January 2025. The landlord has provided the result in evidence.
The second test shows significant increase in the levels of methamphetamine throughout the premises. Of more concern is that there are now four areas registering above 15μg/100cm². This will result in considerable cost to the landlord to remediate.
Bedrooms two and three, the kitchen and the upstairs hallway have unsafe levels of methamphetamine contamination. It is unsafe to live in the premises and therefore necessary for the Tribunal to terminate the tenancy immediately.
I am satisfied that the tenant is in breach of her tenancy agreement. Either she has acted unlawfully at the premises by using methamphetamine or she has permitted people to be at the premises who have used methamphetamine.
The Residential Tenancies Act 1986 also provides for tenancies to be terminated where a tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises (s55(1)(b). I am satisfied that the methamphetamine readings in the property justifies termination on the grounds of substantial damage caused to the premises.
Termination has been ordered immediately. The tenant has had sufficient notice of that results of the second test and should not be surprised that the tenancy will be ended by the Tribunal immediately. Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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.

Tenancy Tribunal case 5117151 — Rent arrears

At a glance

Tenancy Tribunal case 5117151 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions