What was the outcome of Tenancy Tribunal case 5235531?

The tribunal order states: The tenancy of Jacinta Bernard at 15C Robinson Avenue, Holdens Bay, Rotorua

How much money was awarded in case 5235531?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5235531?

The dispute type was not classified.

Where can I read the official tribunal order for case 5235531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11897301-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5235531?

The tribunal order states: The tenancy of Jacinta Bernard at 15C Robinson Avenue, Holdens Bay, Rotorua

How much money was awarded in case 5235531?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5235531?

The dispute type was not classified.

Where can I read the official tribunal order for case 5235531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11897301-Tenancy_Tribunal_Order.pdf.

15C Robinson Avenue, Holdens Bay, Rotorua 3010 Tenancy Tribunal Case 5235531 — Tenancy dispute

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Reasons

The Landlord attended the hearing.

The Landlord has applied for termination of the tenancy for breach of the Tenant’s obligations.

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: s 56(1) Residential Tenancies Act 1986.

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 to 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 Landlord claims the Tenant has breached their obligations as follows: The individual meth level has gone from 3.47ug (01/03/2024) to 24.1ug (28/03/2025)

I have reviewed the tests completed before and during the tenancy (March 2025).

Recent testing has shown the lounge ceiling to have high levels of methamphetamine contamination, well above the Gluckman levels of 15μg/100cm², indicating damage to the premises.

There is no evidence to suggest the roof was painted prior to the tenancy, and I am satisfied, the contamination has occurred, more likely than not, during the current tenancy.

The breach is not capable of remedy because the premises have been used for an unlawful purpose – namely, the consumption of an illicit, dangerous drug – and the premises have been damaged and are likely to require significant remediation efforts, which the Tenant has not undertaken in the time since the damage became evidence.

Against that background, it would be inequitable to refuse to terminate the tenancy.

I apologise to the Landlord for the delay in finalising this Order.

Reasons

The Landlord attended the hearing.

The Landlord has applied for termination of the tenancy for breach of the Tenant’s obligations.

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: s 56(1) Residential Tenancies Act 1986.

The Landlord claims the Tenant has breached their obligations as follows: The individual meth level has gone from 3.47ug (01/03/2024) to 24.1ug (28/03/2025)

I have reviewed the tests completed before and during the tenancy (March 2025).

Recent testing has shown the lounge ceiling to have high levels of methamphetamine contamination, well above the Gluckman levels of 15μg/100cm², indicating damage to the premises.

There is no evidence to suggest the roof was painted prior to the tenancy, and I am satisfied, the contamination has occurred, more likely than not, during the current tenancy.

Against that background, it would be inequitable to refuse to terminate the tenancy.

I apologise to the Landlord for the delay in finalising this Order.

Tenancy Tribunal case 5235531 — Tenancy dispute at 15C Robinson Avenue, Holdens Bay, Rotorua 3010

At a glance

Claims & awards

Tenancy Tribunal case 5235531 — Tenancy dispute at 15C Robinson Avenue, Holdens Bay, Rotorua 3010

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions