How much money was awarded in case 5175257?

Cleaning: $750.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $86.50 awarded to landlord

What type of tenancy dispute was case 5175257?

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

Where can I read the official tribunal order for case 5175257?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11673312-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5175257?

Cleaning: $750.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $86.50 awarded to landlord

What type of tenancy dispute was case 5175257?

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

Where can I read the official tribunal order for case 5175257?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11673312-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5175257 — Cleanliness

Q: What was Tenancy Tribunal case 5175257 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5175257 — net $863.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Meth testing/Cleaning	$750.00	Meth testing/Cleaning
Lock/key replacement	$86.50	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$863.50
Total payable by Tenant to Landlord	$863.50

The Tribunal orders suppression of the parties’ names and identifying details.

The tenant must pay the landlord $863.50 immediately, calculated as follows: DescriptionLandlord Meth testing/Cleaning$750.00 Lock/key replacement$86.50 Filing fee reimbursement$27.00 Total payable by Tenant to Landlord$863.50

Reasons

Both parties attended the hearing. Key/lock replacement

At the end of the tenancy the tenant must return all keys for the property. The tenant stated that she had changed a lock because an abusive partner had a key to that lock. She omitted to give the new keys to the landlord. The cost to replace the lock and keys was $86.50. The tenant is liable for that amount. Methamphetamine cleaning excess

The landlord claims the tenant has used the premises unlawfully, by using or permitting the use of methamphetamine during the tenancy.

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.

The landlord has claimed the excess for methamphetamine residue cleaning. The landlord provided evidence showing methamphetamine testing at the start of the tenancy and when the tenancy ended. The results show that in one bedroom and in the laundry, readings exceeded 15 μg/100 cm 2 . The previous Prime Minister’s Chief Science Advisor, Professor Sir Peter Gluckman, released a report on the health effects of meth residue in residential properties — Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards (the CSA report). The report stated that exposure to meth at levels below 15 μg/100 cm 2 would be unlikely to cause any adverse effects. The Tenancy Tribunal accepts that readings below 15 μg/100 cm 2 do not require cleaning.

The tenant stated that she was unaware of methamphetamine use at the property, but the likelihood is that her partner used it. He has been incarcerated and she believes that charges arise from or relate to methamphetamine use.

Section 41 of the Residential Tenancies Act 1986 provides that tenants are responsible for the actions of others who they permit to be at the property. Tenant’s responsibility for actions of others (1) The tenant shall be responsible for anything done or omitted to be done by any person (other than the landlord or any person acting on the landlord’s behalf or with the landlord’s authority) who is in the premises with the tenant’s permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant. (2) Where any person (other than the landlord or any person acting on the landlord’s behalf or with the landlord’s authority) intentionally or carelessly damages the premises while the tenant is in the premises, it shall be presumed that the tenant permitted that person to be in the premises unless the tenant proves that he or she took all reasonable steps to prevent that person from entering the premises or (as the case may require) to eject that person from the premises.

I am satisfied that the property was damaged by methamphetamine use. I am satisfied that the damage happened during the tenancy by a person the tenant permitted to be at the premises. The landlord has proved the claim for the excess to clean the areas contaminated by methamphetamine.

A claim to clean areas below 15 μg/100 cm 2 would have been dismissed.

Should exemplary damages be ordered?

Where a tenant uses the premises or permit the premises to be used for an unlawful purpose, 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 tenant’s circumstances regarding the partner who has been incarcerated and is awaiting trial, casts sufficient doubt for me as to whether she committed an unlawful act. There is currently insufficient evidence to prove that the tenant permitted the use of methamphetamine at the premises. I am not satisfied that she committed an unlawful act. Filing Fee

Because the landlord has been partly successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Suppression

The Tribunal may, 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. (s.95A(4). It would be unreasonable to publish the tenant’s name regarding methamphetamine use when it has not been proved that she caused or permitted its use at the property. The parties’ names and tenancy details are suppressed.

Order

Claims and awards in Tenancy Tribunal application 5175257 — net $863.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Meth testing/Cleaning	$750.00	Meth testing/Cleaning
Lock/key replacement	$86.50	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$863.50
Total payable by Tenant to Landlord	$863.50

The Tribunal orders suppression of the parties’ names and identifying details.

Reasons

Both parties attended the hearing. Key/lock replacement

The landlord claims the tenant has used the premises unlawfully, by using or permitting the use of methamphetamine during the tenancy.

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.

A claim to clean areas below 15 μg/100 cm 2 would have been dismissed.

Should exemplary damages be ordered?

Because the landlord has been partly successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Suppression

Tenancy Tribunal case 5175257 — Cleanliness

At a glance

Tenancy Tribunal case 5175257 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Should exemplary damages be ordered?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should exemplary damages be ordered?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions