Published tribunal order
Tenancy Tribunal case 5327140 — Rent arrears at 13A Kaka Street, Masterton, Masterton 5810
Decided 17 Nov 2025 · Published 17 Nov 2025 · Application 5327140
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Kara Whetu Smith must pay [The landlord/s] $2,938.64 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- The tenancy concluded on 28 July 2025. The applicant states that the tenancy was initially intended to end earlier in the month pursuant to a 90-day notice to terminate. However, as the tenants were unable to secure alternative accommodation, the tenancy continued until 28 July 2025.
- The applicant seeks the following amounts: a) $1,729.89 in rent arrears to the end of the tenancy b) $350.75 for rubbish removal c) $1,883.70 for methamphetamine contamination testing d) $2,750.00 for the methamphetamine cleaning excess e) The application filing fee of $28.00
Is the respondent liable for the rent arrears?
- The applicant has provided rent records confirming the amount owing to 28 July 2025. I accept that this was the date on which the tenancy ended and that the rent records are accurate. Accordingly, the rent arrears are awarded.
Is the respondent liable for the rubbish removal?
- The applicant has provided photographs showing that rubbish remained at the property at the conclusion of the tenancy. Section 40(1)(e)(iii) requires the tenant, at the end of the tenancy, to leave the premises in a reasonably clean and tidy condition and to remove all rubbish. I am satisfied that the tenant breached this obligation and that the costs of rubbish removal were reasonably incurred by the applicant. The rubbish removal costs are therefore awarded.
Is the respondent liable for the methamphetamine testing and remediation cost?
- The applicant has provided a meth report dated 4 October 2024, in which baseline testing was carried out at the property. Although baseline testing is typically undertaken prior to the commencement of a tenancy, this test was completed during the tenancy because a new owner had purchased the property and wished to establish a baseline. The testing concluded that the property was negative for methamphetamine. I am satisfied that this report established a baseline.
- Further testing was completed on 31 July 2025, two days after the conclusion of the tenancy. This test found methamphetamine contamination levels of 27 μg/100 cm² in the kitchen, 20 μg/100 cm² in the lounge, 26.2 μg/100 cm² in the hallway,
- 8 μg/100 cm² in bedroom 2, and 20.6 μg/100 cm² in bedroom 3. Other areas of the house showed methamphetamine contamination, although below the Gluckman standard, which the Tribunal typically applies to determine whether remediation is required. The Gluckman standard, based on the 2018 report of the Prime Minister’s Chief Science Advisor, states that contamination levels below 15 μg/100 cm² do not pose a health risk and do not require decontamination.
- The applicant has provided evidence that their insurer accepted the claim, and paid out accordingly, and they now seek reimbursement of the excess. I am satisfied that the tenants breached their obligations under section 40(2)(b), which prohibits the tenant from using the premises, or permitting the premises to be used, for any unlawful purpose. I am also satisfied that they breached their obligations under section 40(2)(a) by intentionally or carelessly damaging, or permitting others to damage, the premises.
- On the balance of probabilities, I find that the tenants consumed or permitted others to consume methamphetamine at the property.
- The claims for the methamphetamine testing costs and the excess relating to the methamphetamine remediation are therefore awarded. The filing fee and suppression:
- Because the applicant has been entirely successful in their application, the filing fee is awarded. Their application for name suppression is also granted. H Ben Fayed 17 November 2025