What was Tenancy Tribunal case 5342616 about?

The tribunal order states: [The tenant/s] must pay Accessible Properties New Zealand Limited $52,717.91

How much money was awarded in case 5342616?

Cleaning: $15,813.13 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,808.11 awarded to landlord; Paintwork/Decoration Costs: $8,111.66 awarded to landlord; Property Damage: $19,035.85 awarded to landlord; Replace Furnishings: Carpets: $1,277.18 awarded to landlord; Replace Furnishings: Curtains: $1,065.07 awarded to landlord; Rubbish Removal: $4,578.91 awarded to landlord

What type of tenancy dispute was case 5342616?

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

Where can I read the official tribunal order for case 5342616?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13103905-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5342616 about?

The tribunal order states: [The tenant/s] must pay Accessible Properties New Zealand Limited $52,717.91

How much money was awarded in case 5342616?

Cleaning: $15,813.13 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $1,808.11 awarded to landlord; Paintwork/Decoration Costs: $8,111.66 awarded to landlord; Property Damage: $19,035.85 awarded to landlord; Replace Furnishings: Carpets: $1,277.18 awarded to landlord; Replace Furnishings: Curtains: $1,065.07 awarded to landlord; Rubbish Removal: $4,578.91 awarded to landlord

What type of tenancy dispute was case 5342616?

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

Where can I read the official tribunal order for case 5342616?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13103905-Tenancy_Tribunal_Order.pdf.

3 Ben Keys Street, Te Puke, Te Puke 3119 Tenancy Tribunal Case 5342616 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5342616 — net $52,717.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and garden work	$1,808.11	Cleaning and garden work
Rubbish removal	$4,578.91	Rubbish removal
Meth testing/Cleaning	$15,813.13	Meth testing/Cleaning
Replace furnishings: Carpets	$1,277.18	Replace furnishings: Carpets
Replace furnishings: Curtains	$1,065.07	Replace furnishings: Curtains
Repairs: General damages	$19,035.85	Repairs: General damages
Exemplary damages	$1,000.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Paintwork/decoration costs	$8,111.66	Paintwork/decoration costs
Net award	$52,717.91
Total payable by Tenant to Landlord	$52,717.91

The landlord attended the hearing. The tenant did not appear.

The absence of a party does not prevent the matter from being heard and determined.

The landlord has applied for compensation for cleaning and garden work, rubbish removal, methamphetamine related damage, general damage, exemplary damages, and reimbursement of the filing fee.

This tenancy commenced on 14 June 2013 and ended on 17 July 2025.

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 tidy, (including the gardens), and did not remove a significant amount of rubbish.

The amounts ordered are proved.

Is the tenant responsible for general damages 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.

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 (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

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.

The following damage was caused during the tenancy: extensive damage throughout the premises including, but not limited to, multiple holes in doors, walls, floors, kitchen cupboards smashed, and shower lining broken.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered are proved. For the record, the replacement of kitchen cupboards alone amounts to $13,436.14. Methamphetamine related claims

The landlord commissioned methamphetamine testing at the premises in 2017 which recorded a level of 0.58 (composite).

At the end of the tenancy, the landlord commissioned composite testing which led to individual or discrete room testing.

Traces of methamphetamine were found in 21 of the 22 areas tested, with 18 samples above 1.5ug/100cm and the highest at 17.5 in bedroom 2.

Section 138C RTA provides for regulations to be made prescribing the maximum acceptable level for contaminants, but as yet no regulations have been made in relation to methamphetamine.

There is an established position in the Tenancy Tribunal that in dealing with claims relating to methamphetamine contamination, the Gluckman Report 1 is to be adopted. I am therefore satisfied that the current level to be applied is the level of 15μg/100cm2 as expressed by the Gluckman Report. Levels around or exceeding 30μg are regarded as strongly suggestive of manufacturing activity therefore remediation of the premises is necessary using the NZS 8510:2017 standard as a guide.

There is no evidence of manufacture in this case.

Applying the Gluckman levels, I find that the premises were damaged or contaminated with methamphetamine during this tenancy.

I award $3,674.25 for testing costs, and $12,138.88 for decontamination costs as claimed.

I also make an award of $1,065.07 for replacement curtains, and $1,277.18 for replacement carpets taking into account betterment and depreciation.

I award $8,111.66 for paintwork and re-decoration relating to both methamphetamine damage and general damages as fair, reasonable and 1 Report entitled ‘Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards,’ 29 May 2018, Professor Sir Peter Gluckman. proportionate compensation. I have applied a one-third general deduction to take into account betterment and depreciation. Exemplary damages

A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.

Any use or possession of a Class A drug is unlawful and may be subject to a period of 6 months imprisonment (sections 3A, 7(1)(a) & (2)(a) and Schedule 1 Misuse of Drugs Act 1975).

The test results for methamphetamine allow me to reasonably draw an inference of methamphetamine use at the premises during this tenancy. I am satisfied that the tenant has either used the premises or permitted the premises to be used for an unlawful purpose.

I find the tenant has committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

Bearing in mind the factors mentioned above and in particular, the considerable financial detrimental effect on the landlord, and the high public interest in ensuring rental properties are not used for illegal drug activities, I consider it ‘just’ to make an award of $1000.00 exemplary damages.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5342616 — net $52,717.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and garden work	$1,808.11	Cleaning and garden work
Rubbish removal	$4,578.91	Rubbish removal
Meth testing/Cleaning	$15,813.13	Meth testing/Cleaning
Replace furnishings: Carpets	$1,277.18	Replace furnishings: Carpets
Replace furnishings: Curtains	$1,065.07	Replace furnishings: Curtains
Repairs: General damages	$19,035.85	Repairs: General damages
Exemplary damages	$1,000.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Paintwork/decoration costs	$8,111.66	Paintwork/decoration costs
Net award	$52,717.91
Total payable by Tenant to Landlord	$52,717.91

The landlord attended the hearing. The tenant did not appear.

The absence of a party does not prevent the matter from being heard and determined.

The landlord has applied for compensation for cleaning and garden work, rubbish removal, methamphetamine related damage, general damage, exemplary damages, and reimbursement of the filing fee.

This tenancy commenced on 14 June 2013 and ended on 17 July 2025.

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

The tenant did not leave the premises reasonably clean and tidy, (including the gardens), and did not remove a significant amount of rubbish.

The amounts ordered are proved.

Is the tenant responsible for general damages to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered are proved. For the record, the replacement of kitchen cupboards alone amounts to $13,436.14. Methamphetamine related claims

The landlord commissioned methamphetamine testing at the premises in 2017 which recorded a level of 0.58 (composite).

At the end of the tenancy, the landlord commissioned composite testing which led to individual or discrete room testing.

Traces of methamphetamine were found in 21 of the 22 areas tested, with 18 samples above 1.5ug/100cm and the highest at 17.5 in bedroom 2.

Section 138C RTA provides for regulations to be made prescribing the maximum acceptable level for contaminants, but as yet no regulations have been made in relation to methamphetamine.

There is no evidence of manufacture in this case.

Applying the Gluckman levels, I find that the premises were damaged or contaminated with methamphetamine during this tenancy.

I award $3,674.25 for testing costs, and $12,138.88 for decontamination costs as claimed.

I also make an award of $1,065.07 for replacement curtains, and $1,277.18 for replacement carpets taking into account betterment and depreciation.

A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.

Any use or possession of a Class A drug is unlawful and may be subject to a period of 6 months imprisonment (sections 3A, 7(1)(a) & (2)(a) and Schedule 1 Misuse of Drugs Act 1975).

I find the tenant has committed an unlawful act.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5342616 — Property damage at 3 Ben Keys Street, Te Puke, Te Puke 3119

At a glance

Tenancy Tribunal case 5342616 — Property damage at 3 Ben Keys Street, Te Puke, Te Puke 3119

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for general damages 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 their obligations at the end of the tenancy?

Is the tenant responsible for general damages to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions