Published tribunal order
Tenancy Tribunal case 5392681 — Property damage at 7 Ngarimu Place, Mount Maunganui, Mount Maunganui
Decided 23 Jun 2026 · Published 23 Jun 2026 · Application 5392681
- Property damage
- Cleanliness
Order
- [The tenant/s] must pay Accessible Properties Limited $17,740.85 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $420.00 (3054687-006) to Accessible Properties Limited immediately.
Reasons
- This Order ought to be read together with the Tribunal’s Order dated 15 April 2026.In that Order I set out the claim being made by the landlord against the tenant.
- I adjourned the hearing on that day because I wanted to ensure that the tenant had received appropriate notice of the hearing and all documents related to the application.
- The tenant did not attend that hearing and nor did she attend today’s hearing.
- Today’s hearing addressed all of the issues outlined in the previous Order. Service of notices and documentation
- I accept the evidence provided at today’s hearing which indicates that all notices and documentation relating to the application have been sent and received by the tenant at her email address.
- On this evidence the hearing proceeded today. Methamphetamine Contamination
- A tenant is required to pay the cost of decontaminating premises when it can be shown that the methamphetamine contamination occurred during the tenancy and where it can be shown that contamination levels are 15 μg/100cm2 or more.
- A base line test done on 26 May 2018, shows no presence of methamphetamine at the premises.
- As stated in paragraph 20 of the previous Order, in a test done on 12 June 2025, levels of 15 μg/100cm2 or more were detected in the kitchen, laundry, bathroom, bedroom 2 and in the dining room.
- An invoice dated 3 September 2025 shows that the cost of decontaminating the premises at this point was $13,750.94.
- On this evidence, then, the tenant would be required to pay this amount.
- The landlord also made claims regarding reimbursement of the costs of a number of tests and further decontaminating after the initial decontamination.
- Subsequent to the last hearing the landlord has made a claim to their insurer for the costs of decontamination, including the tests. The insurer has accepted the claim and so the landlord now seeks a claim against the tenant of $10,000.00 which is the insurance excess that they have had to pay.
- Given that the insurance excess is lower than the first cost of decontaminating the premises, I am ordering the tenant to pay this amount. 5392681 3
- This completes the amount payable by the tenant in relation to the claim for methamphetamine contamination. Rubbish removal
- The photographs show that the tenant left a considerable amount of rubbish behind. I accept the invoiced cost of removing this rubbish as $3,089.38.
- The tenant is required to pay this amount.
- The tenant is also required to pay the invoiced cost of hiring a skip bin during her tenancy at her request - $525.00. Cleaning
- I also accept the evidence indicating that the tenant did not leave the premises reasonably clean, as she is required to do.
- In coming to an award of $1,013.34 as compensation for the cost of cleaning, I have removed that part of the claim that relates to decontamination of the premises due to methamphetamine contamination. This is because that part of the cleaning claim would have been covered by the insurer. Lawns
- The photographs show that the grass was left exceedingly long, requiring a considerable amount of work to get the lawns to a reasonable level.
- The tenant is required to pay the invoiced cost of this - $1,239.72. Damage to grounds/lawn
- 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 photographs taken at the beginning of the tenancy show a level lawn that is in very good condition.
- The photographs taken at the end of the tenancy show a very damaged lawn – considerably beyond what could be regarded as being fair wear and tear. The damage is such that it must be regarded as being intentional.
- I am therefore ordering the tenant to pay the cost of reinstating the lawn - $1,628.99. This amount included levelling, top soil and re-seeding. 5392681 4 Filing fee reimbursement
- The tenant is ordered to reimburse the cost of filing this application to the landlord because the landlord was substantially successful with this claim made against her. Rent credit
- I accept that the tenant has a rent credit of $363.58. This amount has been applied to her debt. C ter Haar 23 June 2026 5392681 5