What was the outcome of Tenancy Tribunal case 5287266?

The tribunal order states: Amanda Jane Docherty must pay Jeban Holdings Limited and Anthony

How much money was awarded in case 5287266?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $3,235.33 awarded to landlord; Methamphetamine Testing: $731.40 awarded to landlord; Property Damage: $229.48 awarded to landlord; Property Damage: $2,750.00 awarded to landlord

What type of tenancy dispute was case 5287266?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5287266?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12389654-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5287266?

The tribunal order states: Amanda Jane Docherty must pay Jeban Holdings Limited and Anthony

How much money was awarded in case 5287266?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $3,235.33 awarded to landlord; Methamphetamine Testing: $731.40 awarded to landlord; Property Damage: $229.48 awarded to landlord; Property Damage: $2,750.00 awarded to landlord

What type of tenancy dispute was case 5287266?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5287266?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12389654-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 39 Solomon Avenue, Redwood, Christchurch Tenancy Tribunal Case 5287266 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5287266 — net $4,573.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning, rubbish removal, garden work, wall repairs	$3,235.33		Cleaning, rubbish removal, garden work, wall repairs
Lock/key replacement	$229.48		Lock/key replacement
Methamphetamine testing	$731.40		Methamphetamine testing
Methamphetamine decontamination - insurance excess	$2,750.00		Methamphetamine decontamination - insurance excess
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond received by landlord		$2,400.00	Bond received by landlord
Total award	$6,973.21	$2,400.00
Net award	$4,573.21
Total payable by Tenant to Landlord	$4,573.21

Mr Eban attended the hearing for the landlord. The tenant did not attend.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return all keys at the end of the tenancy as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The amounts ordered are proved by the production of detailed invoices.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent: section 49B(3)(a) of the Act.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for: section 49B(1) of the Act.

The landlord claims the cost to repair a hole in the kitchen wall. The evidence establishes that the wall damage occurred during the tenancy, is beyond fair wear and tear, and the tenant has not disproved liability for it. The amount ordered has been established by an invoice.

The landlord also claims the cost to test the premises for methamphetamine and to clean the premises of methamphetamine contamination.

A methamphetamine detailed screening assessment was completed of the premises on 3 June 2025. Testing of the samples taken from the premises showed methamphetamine levels in all rooms (including the garage) of between 21 and 53 μg/100cm². These levels are above the level that is considered to be likely to give rise to adverse effects and therefore requires cleaning/remediation (as determined in the report by Professor Sir Peter Gluckman, Methamphetamine Contamination in Residential Properties: Exposures, Risk Levels, and Interpretation of Standards).

I am satisfied that the landlord has established that the damage to the premises caused by methamphetamine occurred during the tenancy. Mr Eban said that the premises were tested for methamphetamine prior to the tenancy commencing and the test showed maximum levels of 0.7 μg/100cm². He also said that drug paraphernalia used for methamphetamine and bags of cannabis were found at the premises at the end of the tenancy. Photographs were provided in support.

I therefore find the tenant liable for the damage caused by methamphetamine. The landlord is only claiming the sum of $2,750.00, being the insurance excess payable to clean the premises of methamphetamine, plus the testing costs. I am satisfied that the cost to clean the premises (which Mr Eban thought was approximately $19,000.00) exceeds the amount claimed. The landlord has also established the cost claimed to test the premises for methamphetamine by the production of invoices.

The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5287266 — net $4,573.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning, rubbish removal, garden work, wall repairs	$3,235.33		Cleaning, rubbish removal, garden work, wall repairs
Lock/key replacement	$229.48		Lock/key replacement
Methamphetamine testing	$731.40		Methamphetamine testing
Methamphetamine decontamination - insurance excess	$2,750.00		Methamphetamine decontamination - insurance excess
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond received by landlord		$2,400.00	Bond received by landlord
Total award	$6,973.21	$2,400.00
Net award	$4,573.21
Total payable by Tenant to Landlord	$4,573.21

Order

Amanda Jane Docherty must pay Jeban Holdings Limited and Anthony Falconer $4,573.21 immediately, calculated as shown in table below.

Reasons

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

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

The tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, and did not return all keys at the end of the tenancy as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The amounts ordered are proved by the production of detailed invoices.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent: section 49B(3)(a) of the Act.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for: section 49B(1) of the Act.
The landlord claims the cost to repair a hole in the kitchen wall. The evidence establishes that the wall damage occurred during the tenancy, is beyond fair wear and tear, and the tenant has not disproved liability for it. The amount ordered has been established by an invoice.
The landlord also claims the cost to test the premises for methamphetamine and to clean the premises of methamphetamine contamination.
A methamphetamine detailed screening assessment was completed of the premises on 3 June 2025. Testing of the samples taken from the premises showed methamphetamine levels in all rooms (including the garage) of between 21 and 53 μg/100cm². These levels are above the level that is considered to be likely to give rise to adverse effects and therefore requires cleaning/remediation (as determined in the report by Professor Sir Peter Gluckman, Methamphetamine Contamination in Residential Properties: Exposures, Risk Levels, and Interpretation of Standards).
I am satisfied that the landlord has established that the damage to the premises caused by methamphetamine occurred during the tenancy. Mr Eban said that the premises were tested for methamphetamine prior to the tenancy commencing and the test showed maximum levels of 0.7 μg/100cm². He also said that drug paraphernalia used for methamphetamine and bags of cannabis were found at the premises at the end of the tenancy. Photographs were provided in support.
I therefore find the tenant liable for the damage caused by methamphetamine. The landlord is only claiming the sum of $2,750.00, being the insurance excess payable to clean the premises of methamphetamine, plus the testing costs. I am satisfied that the cost to clean the premises (which Mr Eban thought was approximately $19,000.00) exceeds the amount claimed. The landlord has also established the cost claimed to test the premises for methamphetamine by the production of invoices.
The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee.

Tenancy Tribunal case 5287266 — Property damage at Unit/Flat 1, 39 Solomon Avenue, Redwood, Christchurch

At a glance

Tenancy Tribunal case 5287266 — Property damage at Unit/Flat 1, 39 Solomon Avenue, Redwood, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with her 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

Did the tenant comply with her 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