Tenantcheck Insights · Case study
Tenancy Tribunal case 5353282 — Rent arrears at 41A Twentieth Avenue, Tauranga South, Tauranga 3112
Published 4 February 2026 · Application 5353282
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Tauranga
Tribunal region
Adjudicator
A Macpherson
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $20,045.61
- Bond payment as ordered
- −$208.00
- Total balance for Tenant to pay Landlord
- $19,837.61
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 17 June 2025 | $923.14 | Rent arrears to 17 June 2025 | |
| Cleaning and garden work | $1,124.23 | Cleaning and garden work | |
| Heat pump remote | $159.11 | Heat pump remote | |
| Rubbish removal | $916.22 | Rubbish removal | |
| Meth testing and decontamination | $12,667.22 | Meth testing and decontamination | |
| Replace furnishings: Carpets | $3,727.66 | Replace furnishings: Carpets | |
| Replace furnishings: Curtains | $500.03 | Replace furnishings: Curtains | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $19,837.61 | ||
| Total payable by Tenant to Landlord | $19,837.61 |
Claims and awards for application 5353282 — net $19,837.61 NZD. Verify on MoJ.
Rent arrears to 17 June 2025
- Amount
- $923.14
- Awarded to
- Landlord
- Reason
- Rent arrears to 17 June 2025
Cleaning and garden work
- Amount
- $1,124.23
- Awarded to
- Landlord
- Reason
- Cleaning and garden work
Heat pump remote
- Amount
- $159.11
- Awarded to
- Landlord
- Reason
- Heat pump remote
Rubbish removal
- Amount
- $916.22
- Awarded to
- Landlord
- Reason
- Rubbish removal
Meth testing and decontamination
- Amount
- $12,667.22
- Awarded to
- Landlord
- Reason
- Meth testing and decontamination
Replace furnishings: Carpets
- Amount
- $3,727.66
- Awarded to
- Landlord
- Reason
- Replace furnishings: Carpets
Replace furnishings: Curtains
- Amount
- $500.03
- Awarded to
- Landlord
- Reason
- Replace furnishings: Curtains
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $19,837.61
Total payable by Tenant to Landlord
Landlord $19,837.61
Claim types — money lines allowed on this order
Order
- Adrian Les Finucane must pay Accessible Properties New Zealand Limited $19,837.61 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $208.00 (3410644-002) to Accessible Properties New Zealand Limited immediately.
Reasons
- 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 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 17 June 2025. 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 tidy and did not remove all rubbish.
- The tenant did not return the air con remote.
- The amounts ordered are proved.
Is the tenant responsible for methamphetamine 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.
- 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.
- The landlord commissioned methamphetamine testing at the premises when they took over this tenancy in 2017. No traces of methamphetamine were present at that time.
- At the end of the tenancy, the landlord carried out composite testing which led to the necessity for discrete testing.
- Traces of methamphetamine were found in all 17 areas tested with 14 samples above 1.5ug/100cm with the highest at 34.7.
- 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.
- I am therefore satisfied that the current level to be applied is the level of 15μg/100cm2 as expressed by the Gluckman Report.
- Applying the Gluckman levels, I find that the premises were damaged or contaminated with methamphetamine during this tenancy with a likelihood of manufacture given the highest level of 34.7.
- I award $2,802.78 for testing costs and $9,864.44 for decontamination costs as claimed.
- I also make an award of $3,727.66 for replacement carpets, and $500.03 for replacement curtains.
- 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 1 Report entitled ‘Methamphetamine contamination in residential properties: Exposures, risk levels, and interpretation of standards,’ 29 May 2018, Professor Sir Peter Gluckman. depreciation, I have taken into account the age and condition of the items when they were replaced at this tenancy (around 2019) and their likely useful lifespan (around 8 years).
- As Accessible Properties New Zealand Limited has substantially succeeded with the claim, the tenant must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s138C, s40(1), s40(2), s49B(1), s49B(3), s49B(3A), s8510
Key findings
- Dispute theme: rent arrears
Property management
- ACCESSIBLE PROPERTIES NEW ZEALAND LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5353282?
The tribunal order states: Adrian Les Finucane must pay Accessible Properties New Zealand Limited
How much money was awarded in case 5353282?
Filing Fee: $28.00 awarded to landlord; Heat Pump Remote: $159.11 awarded to landlord; Lawns and Garden Work: $1,124.23 awarded to landlord; Meth Testing And Decontamination: $12,667.22 awarded to landlord; Rent Arrears: $923.14 awarded to landlord; Replace Furnishings: Carpets: $3,727.66 awarded to landlord; Replace Furnishings: Curtains: $500.03 awarded to landlord; Rubbish Removal: $916.22 awarded to landlord
What type of tenancy dispute was case 5353282?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5353282?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13071840-Tenancy_Tribunal_Order.pdf.