What was Tenancy Tribunal case 5172436 about?

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

How much money was awarded in case 5172436?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $450.00 awarded to landlord; Previous Order Application 5044914 D…: $3,226.91 awarded to landlord; Property Damage: $536.90 awarded to landlord; Rent Arrears: $835.71 awarded to landlord; Water Rates: $524.20 awarded to landlord

What type of tenancy dispute was case 5172436?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5172436?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12194592-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5172436 about?

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

How much money was awarded in case 5172436?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $450.00 awarded to landlord; Previous Order Application 5044914 D…: $3,226.91 awarded to landlord; Property Damage: $536.90 awarded to landlord; Rent Arrears: $835.71 awarded to landlord; Water Rates: $524.20 awarded to landlord

What type of tenancy dispute was case 5172436?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5172436?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12194592-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5172436 — Rent arrears

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New Zealand Tenancy Tribunal Case 5172436 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5172436 — net $5,600.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$835.71	Rent arrears
Previous order application 5044914 dated 16/12/2024	$3,226.91	Previous order application 5044914 dated 16/12/2024
Water rates	$524.20	Water rates
Lawns and Garden work	$450.00	Lawns and Garden work
Lock/key replacement	$536.90	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,600.72
Total payable by Tenant to Landlord	$5,600.72

Claims and awards for application 5172436 — net $5,600.72 NZD. Verify on MoJ.

Rent arrears

Amount: $835.71
Awarded to: Landlord
Reason: Rent arrears

Previous order application 5044914 dated 16/12/2024

Amount: $3,226.91
Awarded to: Landlord
Reason: Previous order application 5044914 dated 16/12/2024

Water rates

Amount: $524.20
Awarded to: Landlord
Reason: Water rates

Lawns and Garden work

Amount: $450.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $536.90
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Water Rates Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Debbie Ailsa Thompson must pay [The landlord/s] $5,600.72 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 16 December 2024 under application TT 5044914.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 December 2024, following a Tribunal termination order, although the landlord’s evidence was that the tenant remained at the premises until 26 December 2024. The landlord provided rent records for the period from 18 December 2024 to 26 December 2024 and water rates invoices which prove the amount owing at the end of the tenancy was $835.71 for rent and $524.20 for water.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the gardens and lawns reasonably clean and tidy. The landlord provided photos of the gardens at both the commencement and end of the tenancy. The lawns and gardens have not been left reasonably tidy. The invoice provided was for $510.00. I have reduced the amount of compensation to $450.00 as the invoice included costs for tree pruning which is not a tenant responsibility.
The tenant did not return the keys. An invoice for $536.90 from a locksmith was provided.
The amounts ordered are proven.
The landlord seeks compensation for cleaning the premises as a result of receiving the results of a positive methamphetamine test on in January 2025.
The absence of a pre-tenancy test for methamphetamine residue means that there may have been some methamphetamine residue present already. If there was, there is no way of knowing how much. If there was, then any manufacture (or attempts at it) may have taken place before this tenancy.
In Erin Limited v Martin and Kukuruznyak, District Court, Whangarei (2021) NZDC 15210, the District Court held “However, the significant problem for this claim is that there is no evidence of any methamphetamine testing carried out at the start of this tenancy. If there had been such testing and it revealed no methamphetamine, then clearly the methamphetamine residue that was found at the end of the tenancy could only have occurred during the tenancy and could only have occurred by either the tenants using methamphetamine or permitting others to use methamphetamine inside the house. The lack of methamphetamine testing at the start pf the tenancy weakens the case against the tenants to the point where it is not possible to conclude on the balance of probabilities that it was the tenants who were responsible for the methamphetamine residue located at the premises at the end of their tenancy.
It is too uncertain. I cannot be satisfied that it is more probable than not that any methamphetamine use during this tenancy included attempts at manufacture or resulted in residue of more than 15mcg/100cm2.
Further, the results of the testing show a maximum level of contamination of 11.6mcg/100cm2. That level is below the level of contamination level set by the District Court in Full Circle Real Estates Ltd v Piper (2019) NZDC, 4947, following the Gluckman report. The claim for compensation for methamphetamine cleaning is dismissed.
On 16 December 2024, the Tribunal made an order relating to this tenancy, for rent arrears to 17 December 2024, reimbursement of the filing fee and release of the bond. The previous order is incorporated into this order for enforcement purposes.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord seeks name suppression. The landlord has been substantially successful in this matter and suppression of the landlord’s name and details is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5172436 — net $5,600.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$835.71	Rent arrears
Previous order application 5044914 dated 16/12/2024	$3,226.91	Previous order application 5044914 dated 16/12/2024
Water rates	$524.20	Water rates
Lawns and Garden work	$450.00	Lawns and Garden work
Lock/key replacement	$536.90	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,600.72
Total payable by Tenant to Landlord	$5,600.72

Claims and awards for application 5172436 — net $5,600.72 NZD. Verify on MoJ.

Rent arrears

Amount: $835.71
Awarded to: Landlord
Reason: Rent arrears

Previous order application 5044914 dated 16/12/2024

Amount: $3,226.91
Awarded to: Landlord
Reason: Previous order application 5044914 dated 16/12/2024

Water rates

Amount: $524.20
Awarded to: Landlord
Reason: Water rates

Lawns and Garden work

Amount: $450.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $536.90
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Water Rates Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Debbie Ailsa Thompson must pay [The landlord/s] $5,600.72 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 16 December 2024 under application TT 5044914.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 17 December 2024, following a Tribunal termination order, although the landlord’s evidence was that the tenant remained at the premises until 26 December 2024. The landlord provided rent records for the period from 18 December 2024 to 26 December 2024 and water rates invoices which prove the amount owing at the end of the tenancy was $835.71 for rent and $524.20 for water.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the gardens and lawns reasonably clean and tidy. The landlord provided photos of the gardens at both the commencement and end of the tenancy. The lawns and gardens have not been left reasonably tidy. The invoice provided was for $510.00. I have reduced the amount of compensation to $450.00 as the invoice included costs for tree pruning which is not a tenant responsibility.
The tenant did not return the keys. An invoice for $536.90 from a locksmith was provided.
The amounts ordered are proven.
The landlord seeks compensation for cleaning the premises as a result of receiving the results of a positive methamphetamine test on in January 2025.
The absence of a pre-tenancy test for methamphetamine residue means that there may have been some methamphetamine residue present already. If there was, there is no way of knowing how much. If there was, then any manufacture (or attempts at it) may have taken place before this tenancy.
In Erin Limited v Martin and Kukuruznyak, District Court, Whangarei (2021) NZDC 15210, the District Court held “However, the significant problem for this claim is that there is no evidence of any methamphetamine testing carried out at the start of this tenancy. If there had been such testing and it revealed no methamphetamine, then clearly the methamphetamine residue that was found at the end of the tenancy could only have occurred during the tenancy and could only have occurred by either the tenants using methamphetamine or permitting others to use methamphetamine inside the house. The lack of methamphetamine testing at the start pf the tenancy weakens the case against the tenants to the point where it is not possible to conclude on the balance of probabilities that it was the tenants who were responsible for the methamphetamine residue located at the premises at the end of their tenancy.
It is too uncertain. I cannot be satisfied that it is more probable than not that any methamphetamine use during this tenancy included attempts at manufacture or resulted in residue of more than 15mcg/100cm2.
Further, the results of the testing show a maximum level of contamination of 11.6mcg/100cm2. That level is below the level of contamination level set by the District Court in Full Circle Real Estates Ltd v Piper (2019) NZDC, 4947, following the Gluckman report. The claim for compensation for methamphetamine cleaning is dismissed.
On 16 December 2024, the Tribunal made an order relating to this tenancy, for rent arrears to 17 December 2024, reimbursement of the filing fee and release of the bond. The previous order is incorporated into this order for enforcement purposes.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord seeks name suppression. The landlord has been substantially successful in this matter and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5172436 — Rent arrears

At a glance

Tenancy Tribunal case 5172436 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions