What was Tenancy Tribunal case 5279379 about?

The tribunal order states: [The tenant/s] must pay The Property Boss Limited as agent for Hallrow

How much money was awarded in case 5279379?

Cleaning: $60.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $332.38 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $277.14 awarded to landlord; Replace Cracked Toilet Pan: $708.83 awarded to landlord; Replace Red Council Bin: $109.00 awarded to landlord

What type of tenancy dispute was case 5279379?

The primary dispute was Property damage. Related themes: Exemplary damages, Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5279379?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12440556-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5279379 about?

The tribunal order states: [The tenant/s] must pay The Property Boss Limited as agent for Hallrow

How much money was awarded in case 5279379?

Cleaning: $60.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $332.38 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $277.14 awarded to landlord; Replace Cracked Toilet Pan: $708.83 awarded to landlord; Replace Red Council Bin: $109.00 awarded to landlord

What type of tenancy dispute was case 5279379?

The primary dispute was Property damage. Related themes: Exemplary damages, Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5279379?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12440556-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 420 Worcester Street, Linwood, Tenancy Tribunal Case 5279379 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5279379 — net $1,244.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 June 2025	$277.14	Rent arrears to 1 June 2025
Lock/key replacement/window frame repairs	$332.38	Lock/key replacement/window frame repairs
Replace red council bin	$109.00	Replace red council bin
Clean rubbish bins and remove rubbish	$60.00	Clean rubbish bins and remove rubbish
Cleaning	$150.00	Cleaning
Replace cracked toilet pan	$708.83	Replace cracked toilet pan
Insurance excess for methamphetamine claim	$500.00	Insurance excess for methamphetamine claim
Exemplary damages for unlawful use of premises	$600.00	Exemplary damages for unlawful use of premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,244.35
Total payable by Tenant to Landlord	$1,244.35

Ms Ganda Wilson and Ms Nicol represented the landlord. The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 June 2025. The landlord provided rent records which prove the amount of rent owing at 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 (RTA).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The red council rubbish bin was missing.

The tenant did not return all the keys.

Is the tenant responsible for the damage 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.

The following damage was caused during the tenancy: the toilet pan was broken and had to be replaced. Window frames were twisted and had to be repaired.

The premises were contaminated with methamphetamine at levels that exceed the level the Tribunal considers establishes damage – 15μg/100cm². Readings in the living room (45μg/100cm²) and the hall (38μg/100cm²) well exceed that.

The premises were tested on 6 May 2023, 3 months after the tenancy started. The results at that time showed no methamphetamine contamination.

The owner’s insurer accepted a claim for methamphetamine contamination. The landlord has claimed the excess on the insurance policy. I award the landlord the amount of the excess.

The amounts ordered are proved by invoices, photos, methamphetamine test reports, and by the evidence Ms Ganda Wilson gave at the hearing. Exemplary damages

Exemplary damages are designed to punish and to deter. They are like a fine.

Exemplary damages 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.

Section 40(2)(b) RTA provides that a tenant shall not use the premises, or permit the premises to be used, for any unlawful purpose.

Methamphetamine is classified as a Class A drug under Schedule 1 of the Misuse of Drugs Act 1975. Possession or use of methamphetamine is an offence under section 7 of that Act.

Section 40(3A)(c) RTA provides that using the premises or permitting the premises to be used for any unlawful purpose is an unlawful act. The Tribunal may award exemplary damages up to $1,800.00 for this unlawful act – see Schedule 1A RTA.

I am satisfied that the section 109 RTA criteria are met in this case. The use of methamphetamine (or allowing its use) is an intentional act; it was against the landlord’s interests and had a detrimental financial effect on the landlord; and it is against the public interest.

I award the landlord exemplary damages of $600.00. Result

The bond will be paid to the landlord. After the deduction of the bond, the tenant will pay the landlord $1,244.35 which includes reimbursement of the filing fee on the successful application.

Claims and awards in Tenancy Tribunal application 5279379 — net $1,244.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 June 2025	$277.14	Rent arrears to 1 June 2025
Lock/key replacement/window frame repairs	$332.38	Lock/key replacement/window frame repairs
Replace red council bin	$109.00	Replace red council bin
Clean rubbish bins and remove rubbish	$60.00	Clean rubbish bins and remove rubbish
Cleaning	$150.00	Cleaning
Replace cracked toilet pan	$708.83	Replace cracked toilet pan
Insurance excess for methamphetamine claim	$500.00	Insurance excess for methamphetamine claim
Exemplary damages for unlawful use of premises	$600.00	Exemplary damages for unlawful use of premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,244.35
Total payable by Tenant to Landlord	$1,244.35

Order

[The tenant/s] must pay The Property Boss Limited as agent for Hallrow Investments $1,244.35 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,520.00 (5691121-009) to The Property Boss Limited as agent for Hallrow Investments immediately.

Reasons

Ms Ganda Wilson and Ms Nicol represented the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 June 2025. The landlord provided rent records which prove the amount of rent owing at 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The red council rubbish bin was missing.
The tenant did not return all the keys.

Is the tenant responsible for the damage 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.
The following damage was caused during the tenancy: the toilet pan was broken and had to be replaced. Window frames were twisted and had to be repaired.
The premises were contaminated with methamphetamine at levels that exceed the level the Tribunal considers establishes damage – 15μg/100cm². Readings in the living room (45μg/100cm²) and the hall (38μg/100cm²) well exceed that.
The premises were tested on 6 May 2023, 3 months after the tenancy started. The results at that time showed no methamphetamine contamination.
The owner’s insurer accepted a claim for methamphetamine contamination. The landlord has claimed the excess on the insurance policy. I award the landlord the amount of the excess.
The amounts ordered are proved by invoices, photos, methamphetamine test reports, and by the evidence Ms Ganda Wilson gave at the hearing. Exemplary damages
Exemplary damages are designed to punish and to deter. They are like a fine.
Exemplary damages 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.
Section 40(2)(b) RTA provides that a tenant shall not use the premises, or permit the premises to be used, for any unlawful purpose.
Methamphetamine is classified as a Class A drug under Schedule 1 of the Misuse of Drugs Act 1975. Possession or use of methamphetamine is an offence under section 7 of that Act.
Section 40(3A)(c) RTA provides that using the premises or permitting the premises to be used for any unlawful purpose is an unlawful act. The Tribunal may award exemplary damages up to $1,800.00 for this unlawful act – see Schedule 1A RTA.
I am satisfied that the section 109 RTA criteria are met in this case. The use of methamphetamine (or allowing its use) is an intentional act; it was against the landlord’s interests and had a detrimental financial effect on the landlord; and it is against the public interest.
I award the landlord exemplary damages of $600.00. Result
The bond will be paid to the landlord. After the deduction of the bond, the tenant will pay the landlord $1,244.35 which includes reimbursement of the filing fee on the successful application.

Tenancy Tribunal case 5279379 — Property damage at Unit/Flat Flat 2, 420 Worcester Street, Linwood,

At a glance

Tenancy Tribunal case 5279379 — Property damage at Unit/Flat Flat 2, 420 Worcester Street, Linwood,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions