How much money was awarded in case 5146150?

Cleaning: $287.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $5,198.00 awarded to landlord; Property Damage: $1,884.85 awarded to landlord; Rubbish Removal: $559.50 awarded to landlord

What type of tenancy dispute was case 5146150?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5146150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11821633-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5146150?

Cleaning: $287.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $5,198.00 awarded to landlord; Property Damage: $1,884.85 awarded to landlord; Rubbish Removal: $559.50 awarded to landlord

What type of tenancy dispute was case 5146150?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5146150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11821633-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5146150 — Property damage

Q: What was Tenancy Tribunal case 5146150 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5146150 — net $7,526.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$287.50	Cleaning
Rubbish removal	$559.50	Rubbish removal
Lock/key replacement	$138.00	Lock/key replacement
Repairs end of tenancy	$5,198.00	Repairs end of tenancy
Repairs Sept 2024	$1,884.85	Repairs Sept 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,526.85
Total payable by Tenant to Landlord	$7,526.85

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Rachel Edmonds must pay [The landlord/s] $7,526.85 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $568.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via teleconference. The tenant was called on the numbers provided but did not answer. The absence of a party does not prevent the matter from being heard and determined.

The landlord has applied for compensation for general damages, methamphetamine related damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys at the end of the tenancy.

The amounts ordered are proved.

Is the tenant responsible for general damages 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.

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.

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 following damage was caused during the tenancy: kitchen cabinet doors pulled off hinges, drawer slider broken, kitchen pendant light broken, bathroom cavity door damaged beyond repair, 3 missing cupboard shelves, multiple holes, marks, gouges in walls, and marks on ceilings.

I am also satisfied that the landlord’s previous invoice dated 15 September 2024 has been proved. This includes damage to doors, missing door stopper, damage to rangehood filter, damage to walls, and a replacement clothesline.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Methamphetamine related claims

The landlord seeks compensation of $7,213.95 for decontamination costs and compensation for replacement carpet and blinds. The landlord did not seek exemplary damages.

The landlord commissioned an in-going test for methamphetamine at the premises at the start of the tenancy which recorded a composite result of 0.07.

On 23 September 2024, the landlord commissioned further testing. The results varied from 0.33 in the garage to 2.87 in bedroom 3. Traces were found in all 7 areas tested.

The landlord carried out more testing on 10 October 2024. The results showed an increase varying from 0.11 in the kitchen to 4.84 on the bathroom door. Traces were found in all 9 areas tested.

As a result, this tenancy was terminated by the Tribunal pursuant to order dated 22 November 2024.

Section 138C RTA provides for regulations to be made prescribing the maximum acceptable level for contaminants, but as yet no regulations have been made in relation to methamphetamine.

There is an established position in the Tenancy Tribunal that in dealing with claims relating to methamphetamine contamination, the Gluckman Report 1 is to be adopted. 1 Report entitled ‘Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards,’ 29 May 2018, Professor Sir Peter Gluckman.

I am therefore satisfied that the current level to be applied is the level of 15μg/100cm2 as expressed by the Gluckman Report. There is no evidence of manufacture in this case.

Applying the Gluckman levels, I can find no evidence that the premises were damaged or contaminated with methamphetamine in excess of 15μg/100cm2.

In the absence of any other evidence to rebut the Gluckman report, that lower levels of methamphetamine residue are a risk to human health and have therefore caused damage, the Tribunal is unable to make any award for compensation for the decontamination costs, replacement carpets and blinds. Filing fee

As the landlord has partly succeeded with the claim, I order that the tenant must reimburse the filing fee. Name suppression

The landlord is entitled to name suppression as requested.

Order

Claims and awards in Tenancy Tribunal application 5146150 — net $7,526.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$287.50	Cleaning
Rubbish removal	$559.50	Rubbish removal
Lock/key replacement	$138.00	Lock/key replacement
Repairs end of tenancy	$5,198.00	Repairs end of tenancy
Repairs Sept 2024	$1,884.85	Repairs Sept 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,526.85
Total payable by Tenant to Landlord	$7,526.85