What was the outcome of Tenancy Tribunal case 5203435?

The tribunal order states: The tenancy of Chaye-Tia Berryman at 9 Reg Stillwell Place, New Brighton,

How much money was awarded in case 5203435?

Property Damage: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5203435?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5203435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11783216-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5203435?

The tribunal order states: The tenancy of Chaye-Tia Berryman at 9 Reg Stillwell Place, New Brighton,

How much money was awarded in case 5203435?

Property Damage: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5203435?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5203435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11783216-Tenancy_Tribunal_Order.pdf.

9 Reg Stillwell Place, New Brighton, Christchurch 8083 Tenancy Tribunal Case 5203435 — Exemplary damages

Order

Claims and awards in Tenancy Tribunal application 5203435 — net $627.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages – using premises for unlawful purpose	$600.00	Exemplary damages – using premises for unlawful purpose
Net award	$627.00
Total payable by Tenant to Landlord	$627.00

The tenancy of Chaye-Tia Berryman at 9 Reg Stillwell Place, New Brighton, Christchurch 8083 is terminated, and possession is granted to Otautahi Community Housing Trust, at 11.59pm on Thursday 1 May 2025.

Chaye-Tia Berryman must pay Otautahi Community Housing Trust $627.00 immediately, calculated as shown in table below:

Reasons

Mr Olds represented the landlord. The tenant did not attend the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, exemplary damages, and the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached her obligations by using, or allowing the use of, methamphetamine at the premises.

The landlord has conducted 3 tests throughout the tenancy on 18 June and 15 August 2024, and 23 January 2025. The tests have shown composite readings of 59, 57 and 76 μg/100cm². The last test shows a large increase from the previous tests.

The landlord has proved that the tenant has used the premises, or permitted the premises to be used, for an unlawful purpose, a breach of her obligations under section 40(2)(b) RTA.

The possession and use of methamphetamine is prohibited under section 7 of the Misuse of Drugs Act 1975.

The breach is not capable of remedy because it has happened and has been on-going.

It would be inequitable to refuse to terminate the tenancy. The tenancy agreement and the RTA both prohibit the use of the premises for any unlawful purpose. And the use of the premises in this way means that the landlord will be faced with remediation costs.

Further, the landlord understands that the tenant no longer resides at the premises but allows others to do so. Exemplary damages

A contravention of section 40(2)(b) RTA is a defined unlawful act under section 40(3A)(c) RTA. For this unlawful act, the Tribunal may award exemplary damages up to $1,800.00 – see Schedule 1A RTA.

Exemplary damages are designed to punish and to deter. They are like a fine. They are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 RTA. Those factors are: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.

The tenant’s unlawful act was committed intentionally and has been on-going. It has an effect on the landlord which will now be faced with remediations costs, removing these premises from the social housing pool for some time. That is against the landlord’s interests and against the public interest when demand for social housing is high.

I award the landlord exemplary damages of $600.00 for the tenant using the premises for an unlawful purpose – the possession and use of a prohibited drug.

Because of the nature of the application and the likelihood that the tenant is not residing at the premises herself, I have granted possession to the landlord today.

Because the landlord’s application is successful the tenant must pay the filing fee.

Claims and awards in Tenancy Tribunal application 5203435 — net $627.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages – using premises for unlawful purpose	$600.00	Exemplary damages – using premises for unlawful purpose
Net award	$627.00
Total payable by Tenant to Landlord	$627.00

Order

The tenancy of Chaye-Tia Berryman at 9 Reg Stillwell Place, New Brighton, Christchurch 8083 is terminated, and possession is granted to Otautahi Community Housing Trust, at 11.59pm on Thursday 1 May 2025.
Chaye-Tia Berryman must pay Otautahi Community Housing Trust $627.00 immediately, calculated as shown in table below:

Reasons

Mr Olds represented the landlord. The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, exemplary damages, and the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable of remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The tenant has breached her obligations by using, or allowing the use of, methamphetamine at the premises.
The landlord has conducted 3 tests throughout the tenancy on 18 June and 15 August 2024, and 23 January 2025. The tests have shown composite readings of 59, 57 and 76 μg/100cm². The last test shows a large increase from the previous tests.
The landlord has proved that the tenant has used the premises, or permitted the premises to be used, for an unlawful purpose, a breach of her obligations under section 40(2)(b) RTA.
The possession and use of methamphetamine is prohibited under section 7 of the Misuse of Drugs Act 1975.
The breach is not capable of remedy because it has happened and has been on-going.
It would be inequitable to refuse to terminate the tenancy. The tenancy agreement and the RTA both prohibit the use of the premises for any unlawful purpose. And the use of the premises in this way means that the landlord will be faced with remediation costs.
Further, the landlord understands that the tenant no longer resides at the premises but allows others to do so. Exemplary damages
A contravention of section 40(2)(b) RTA is a defined unlawful act under section 40(3A)(c) RTA. For this unlawful act, the Tribunal may award exemplary damages up to $1,800.00 – see Schedule 1A RTA.
Exemplary damages are designed to punish and to deter. They are like a fine. They are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 RTA. Those factors are: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.
The tenant’s unlawful act was committed intentionally and has been on-going. It has an effect on the landlord which will now be faced with remediations costs, removing these premises from the social housing pool for some time. That is against the landlord’s interests and against the public interest when demand for social housing is high.
I award the landlord exemplary damages of $600.00 for the tenant using the premises for an unlawful purpose – the possession and use of a prohibited drug.
Because of the nature of the application and the likelihood that the tenant is not residing at the premises herself, I have granted possession to the landlord today.
Because the landlord’s application is successful the tenant must pay the filing fee.

Tenancy Tribunal case 5203435 — Exemplary damages at 9 Reg Stillwell Place, New Brighton, Christchurch 8083

At a glance

Tenancy Tribunal case 5203435 — Exemplary damages at 9 Reg Stillwell Place, New Brighton, Christchurch 8083

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions