What was Tenancy Tribunal case 5293142 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5293142?

Cleaning: $1,992.38 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $732.37 awarded to landlord; Property Damage: $714.08 awarded to landlord; Property Damage: $149.73 awarded to landlord; Property Damage: $1,051.27 awarded to landlord; Property Damage: $2,744.96 awarded to landlord; Rent Arrears: $453.57 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Smoke Alarms: $135.47 awarded to landlord

What type of tenancy dispute was case 5293142?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears, Smoke alarms.

Where can I read the official tribunal order for case 5293142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12603213-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5293142 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5293142?

Cleaning: $1,992.38 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $732.37 awarded to landlord; Property Damage: $714.08 awarded to landlord; Property Damage: $149.73 awarded to landlord; Property Damage: $1,051.27 awarded to landlord; Property Damage: $2,744.96 awarded to landlord; Rent Arrears: $453.57 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Smoke Alarms: $135.47 awarded to landlord

What type of tenancy dispute was case 5293142?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears, Smoke alarms.

Where can I read the official tribunal order for case 5293142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12603213-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5293142 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 5293142 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5293142 — net $8,743.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears after part payments to 26 August 2025	$453.57	Rent arrears after part payments to 26 August 2025
Methamphetamine cleaning	$1,992.38	Methamphetamine cleaning
Carpet replacement	$732.37	Carpet replacement
Curtain replacement	$714.08	Curtain replacement
Cleaning and rubbish removal	$1,000.00	Cleaning and rubbish removal
3 smoke alarms	$135.47	3 smoke alarms
Electrical fittings replacement/repair	$149.73	Electrical fittings replacement/repair
Repairs to walls, gate doors and handles	$1,051.27	Repairs to walls, gate doors and handles
Repainting of damage	$2,744.96	Repainting of damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,743.83
Total payable by Tenant to Landlord	$8,743.83

Claims and awards for application 5293142 — net $8,743.83 NZD. Verify on MoJ.

Rent arrears after part payments to 26 August 2025

Amount: $453.57
Awarded to: Landlord
Reason: Rent arrears after part payments to 26 August 2025

Methamphetamine cleaning

Amount: $1,992.38
Awarded to: Landlord
Reason: Methamphetamine cleaning

Carpet replacement

Amount: $732.37
Awarded to: Landlord
Reason: Carpet replacement

Curtain replacement

Amount: $714.08
Awarded to: Landlord
Reason: Curtain replacement

Cleaning and rubbish removal

Amount: $1,000.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Topeora Bailey must pay the landlord $8,743.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $258.00 (6425367-001) to the landlord immediately.

Reasons

Only the landlord appeared. The tenant did not appear during the two hour hearing.
The landlord has applied for rent arrears, compensation, 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 27 March 2025. The tenant has been making payments to reduce the rent arrears. The payments stopped after 26 August 2025. The amount of rent arrears remaining today is $453.57. The landlord provided rent records which prove the amount 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.
The tenant did not leave the premises reasonably clean and did not remove all rubbish. The landlord claimed $1,000.00, which is less than the amount the landlord paid for the cleaning and rubbish removal work to be carried out.
There was methamphetamine used during the tenancy.
There is currently uncertainty about whether there is a serious health risk from exposure to the residue from methamphetamine consumption where methamphetamine levels are over 15ug/100cm 2 . In May 2018 the Prime Minister’s Chief Science Advisor, Professor Sir Peter Gluckman issued a report (the Report) entitled ‘Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards’. He determined that there was little evidence supporting health risks from exposure to residue from methamphetamine consumption below 15μg/100cm 2 .
In the absence of scientific evidence proving that rooms with methamphetamine residue readings over 15ug/100cm 2 are safe to live in, it is reasonable for the landlord to clean and recover the cost of cleaning the rooms with a reading of over 15μg/100cm 2
The methamphetamine residue level was over 15ug/100cm 2 in two bedrooms, a hallway and a cupboard. There are 14 rooms/areas that were tested in the premises. The landlord cleaned all rooms in the premises at the end of the tenancy. I have allowed for cleaning only in the rooms that were over 15ug/100cm 2 . Areas under 15ug/100cm 2 are reasonably clean.
The amounts ordered are proved.

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 landlord’s insurance does not apply in this case because the excess is $25,000.00.
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. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
I am satisfied that most of the damage falls within the definition of intentional damage.
The following damage was caused during the tenancy. Carpets, curtains and smoke alarms in three rooms and one cupboard were replaced due to methamphetamine residue. The carpets and curtains were new at the commencement of the tenancy. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating the tenant’s liability, I have taken into account the age the items at the start of the tenancy and their likely useful lifespan.
There was damage to walls, doors and electrical fillings. The damage is more than fair wear and tear, and the tenant has not disproved intentional damage and liability for the damage.
The amounts ordered are proved. Filing fee
Because the landlord has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Name Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded with the claim and therefore name suppression is granted. 22.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5293142 — net $8,743.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears after part payments to 26 August 2025	$453.57	Rent arrears after part payments to 26 August 2025
Methamphetamine cleaning	$1,992.38	Methamphetamine cleaning
Carpet replacement	$732.37	Carpet replacement
Curtain replacement	$714.08	Curtain replacement
Cleaning and rubbish removal	$1,000.00	Cleaning and rubbish removal
3 smoke alarms	$135.47	3 smoke alarms
Electrical fittings replacement/repair	$149.73	Electrical fittings replacement/repair
Repairs to walls, gate doors and handles	$1,051.27	Repairs to walls, gate doors and handles
Repainting of damage	$2,744.96	Repainting of damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,743.83
Total payable by Tenant to Landlord	$8,743.83

Claims and awards for application 5293142 — net $8,743.83 NZD. Verify on MoJ.

Rent arrears after part payments to 26 August 2025

Amount: $453.57
Awarded to: Landlord
Reason: Rent arrears after part payments to 26 August 2025

Methamphetamine cleaning

Amount: $1,992.38
Awarded to: Landlord
Reason: Methamphetamine cleaning

Carpet replacement

Amount: $732.37
Awarded to: Landlord
Reason: Carpet replacement

Curtain replacement

Amount: $714.08
Awarded to: Landlord
Reason: Curtain replacement

Cleaning and rubbish removal

Amount: $1,000.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Topeora Bailey must pay the landlord $8,743.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $258.00 (6425367-001) to the landlord immediately.

Reasons

Only the landlord appeared. The tenant did not appear during the two hour hearing.
The landlord has applied for rent arrears, compensation, 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 27 March 2025. The tenant has been making payments to reduce the rent arrears. The payments stopped after 26 August 2025. The amount of rent arrears remaining today is $453.57. The landlord provided rent records which prove the amount 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.
The tenant did not leave the premises reasonably clean and did not remove all rubbish. The landlord claimed $1,000.00, which is less than the amount the landlord paid for the cleaning and rubbish removal work to be carried out.
There was methamphetamine used during the tenancy.
There is currently uncertainty about whether there is a serious health risk from exposure to the residue from methamphetamine consumption where methamphetamine levels are over 15ug/100cm 2 . In May 2018 the Prime Minister’s Chief Science Advisor, Professor Sir Peter Gluckman issued a report (the Report) entitled ‘Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards’. He determined that there was little evidence supporting health risks from exposure to residue from methamphetamine consumption below 15μg/100cm 2 .
In the absence of scientific evidence proving that rooms with methamphetamine residue readings over 15ug/100cm 2 are safe to live in, it is reasonable for the landlord to clean and recover the cost of cleaning the rooms with a reading of over 15μg/100cm 2
The methamphetamine residue level was over 15ug/100cm 2 in two bedrooms, a hallway and a cupboard. There are 14 rooms/areas that were tested in the premises. The landlord cleaned all rooms in the premises at the end of the tenancy. I have allowed for cleaning only in the rooms that were over 15ug/100cm 2 . Areas under 15ug/100cm 2 are reasonably clean.
The amounts ordered are proved.

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 landlord’s insurance does not apply in this case because the excess is $25,000.00.
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. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
I am satisfied that most of the damage falls within the definition of intentional damage.
The following damage was caused during the tenancy. Carpets, curtains and smoke alarms in three rooms and one cupboard were replaced due to methamphetamine residue. The carpets and curtains were new at the commencement of the tenancy. I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating the tenant’s liability, I have taken into account the age the items at the start of the tenancy and their likely useful lifespan.
There was damage to walls, doors and electrical fillings. The damage is more than fair wear and tear, and the tenant has not disproved intentional damage and liability for the damage.
The amounts ordered are proved. Filing fee
Because the landlord has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Name Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded with the claim and therefore name suppression is granted. 22.

Tenancy Tribunal case 5293142 — Property damage

At a glance

Tenancy Tribunal case 5293142 — Property damage

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

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

Frequently asked questions