How much money was awarded in case 5296603?

Cleaning: $1,680.00 awarded to landlord; Compensation: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Methamphetamine Test Report Fee: $2,940.55 awarded to landlord; Property Damage: $489.16 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $1,332.60 awarded to landlord

What type of tenancy dispute was case 5296603?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5296603?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12349934-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5296603?

Cleaning: $1,680.00 awarded to landlord; Compensation: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Methamphetamine Test Report Fee: $2,940.55 awarded to landlord; Property Damage: $489.16 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $1,332.60 awarded to landlord

What type of tenancy dispute was case 5296603?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5296603?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12349934-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5296603 — Cleanliness

Q: What was Tenancy Tribunal case 5296603 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5296603 — net $7,469.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Methamphetamine test report fee	$2,940.55	Methamphetamine test report fee
Lock/key replacement	$489.16	Lock/key replacement
Rubbish removal and dump fees	$1,332.60	Rubbish removal and dump fees
Cleaning	$1,680.00	Cleaning
Insurance excess on claim for (non-methamphetamine) damage to premises	$500.00	Insurance excess on claim for (non-methamphetamine) damage to premises
Compensation for missing chattels	$500.00	Compensation for missing chattels
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,469.31
Total payable by Tenant to Landlord	$7,469.31

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Melissa Shipton must pay [The landlord/s] $7,469.31 immediately, calculated as shown in table below:

The application for the cost of methamphetamine remediation (the insurance excess) is dismissed.

Reasons

The landlord’s representatives and the owner attended the hearing which I conducted by phone. The tenant did not attend. My call to her went to voice mail. I am satisfied that the tenant was aware of the hearing, details of which were emailed to her.

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

The Tribunal previously made an order for rent arrears and the bond on 4 April 2025.

Because that order has been enforced, I cannot combine it with this order.

The landlord’s representatives and the owner gave oral evidence and produced documentary evidence including photos and invoices.

Did the tenant comply with her 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. Significant cleaning and rubbish removal was required. The nature of the rubbish was such that the contractor employed by the landlord had to use personal protective equipment (PPE).

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: a log splitter, a ladder, a lawn mower and catcher, 2 outdoor seats, gardening tools, and a stereo. The chattels are difficult to place a definite value on. I have awarded the landlord compensation of $500.00 for these missing chattels.

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 first claim for damage is for damage to the inside of the premises including interior doors, the front door, cupboards, a cupboard in the hallway, a vanity unit, and the outside fence. The owner of the premises described the damage as ‘wanton vandalism’.

The owner’s insurer accepted the claim for the damage but applied an excess of $500.00. I award that amount to the landlord for the claim for damage(s). That is the extent of his insured loss.

The landlord’s second claim for damage is for methamphetamine remediation.

This claim cannot succeed for 2 reasons. First, there was no pre-tenancy methamphetamine test done. Although the owner lived in the premises before he relocated for work, there was another short tenancy before this tenancy began.

The first methamphetamine test was done by prospective purchasers of the property. It showed a composite test result of 37μg/100cm². A second composite test commissioned by the owner showed a composite level of 46μg/100cm². The owner said that the increase in the levels as between the 2 tests established that the methamphetamine contamination arose during the tenancy.

I accept, on a probability basis, that the tenant used or allowed the use of methamphetamine at the premises given the rise in levels as between the 2 tests. However, the company the landlord used to undertake the tests has consistently referred to a level of 1.5μg/100cm² as the level for establishing contamination.

Contractors who do this work are well aware that the Tribunal works to a level of 15μg/100cm² before premises are considered contaminated to a level injurious to human health. That is based on the report of Professor Peter Gluckman, the former chief science advisor to the then Prime Minister John Key.

The highest individual sample tested at 10.8μg/100cm². Most of the individual tests showed levels well below that.

Because the premises are not considered contaminated to a level that was injurious to health, the Tribunal cannot award the owner’s insurance excess for the remediation work. The premises did not require remediation to the extent undertaken for residential tenancy purposes 1 .

That the owner’s insurer indemnified the claim does not mean that the Tribunal can award compensation for the loss (the insurance excess).

I award the landlord the cost of the first methamphetamine test report he commissioned (the one after that commissioned by the prospective owner) as he needed that report to determine the extent of the contamination. 1 For a discussion about methamphetamine contamination see the recent decision of the High Court in Nisbet v Te Āhuru Mōwai Ltd Partnership [2025] NZHC 2467. See also decisions of the District Court in Full Circle Real Estate Limited v Piper [2019] NZDC 4947 and Acme Realty Limited v Hogg [2021] NZDC 3231.

It follows that because the premises were not considered contaminated to a level that was injurious to health (ie, below the 15/μg/100cm² level) the Tribunal cannot award the other test report fees as they were not required.

The application for the cost of methamphetamine remediation including the further test reports is dismissed. Result

The tenant will pay the landlord $7,469.31 which includes the filing fee on the successful application.

Order

Claims and awards in Tenancy Tribunal application 5296603 — net $7,469.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Methamphetamine test report fee	$2,940.55	Methamphetamine test report fee
Lock/key replacement	$489.16	Lock/key replacement
Rubbish removal and dump fees	$1,332.60	Rubbish removal and dump fees
Cleaning	$1,680.00	Cleaning
Insurance excess on claim for (non-methamphetamine) damage to premises	$500.00	Insurance excess on claim for (non-methamphetamine) damage to premises
Compensation for missing chattels	$500.00	Compensation for missing chattels
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,469.31
Total payable by Tenant to Landlord	$7,469.31

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Melissa Shipton must pay [The landlord/s] $7,469.31 immediately, calculated as shown in table below:

The application for the cost of methamphetamine remediation (the insurance excess) is dismissed.

Reasons

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

The Tribunal previously made an order for rent arrears and the bond on 4 April 2025.

Because that order has been enforced, I cannot combine it with this order.

The landlord’s representatives and the owner gave oral evidence and produced documentary evidence including photos and invoices.

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

The tenant did not return the keys.

Is the tenant responsible for the damage to the premises?

The owner’s insurer accepted the claim for the damage but applied an excess of $500.00. I award that amount to the landlord for the claim for damage(s). That is the extent of his insured loss.

The landlord’s second claim for damage is for methamphetamine remediation.

The highest individual sample tested at 10.8μg/100cm². Most of the individual tests showed levels well below that.

That the owner’s insurer indemnified the claim does not mean that the Tribunal can award compensation for the loss (the insurance excess).

The application for the cost of methamphetamine remediation including the further test reports is dismissed. Result

The tenant will pay the landlord $7,469.31 which includes the filing fee on the successful application.

Tenancy Tribunal case 5296603 — Cleanliness

At a glance

Tenancy Tribunal case 5296603 — Cleanliness

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

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

Frequently asked questions