What was Tenancy Tribunal case 5475429 about?

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

How much money was awarded in case 5475429?

Cleaning: $565.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $440.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rubbish Removal: $208.06 awarded to landlord

What type of tenancy dispute was case 5475429?

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

Where can I read the official tribunal order for case 5475429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13656071-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5475429 about?

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

How much money was awarded in case 5475429?

Cleaning: $565.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $440.00 awarded to landlord; Property Damage: $437.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rubbish Removal: $208.06 awarded to landlord

What type of tenancy dispute was case 5475429?

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

Where can I read the official tribunal order for case 5475429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13656071-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5475429 — Property damage

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New Zealand Tenancy Tribunal Case 5475429 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5475429 — net $3,318.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$565.00	Cleaning
Rubbish removal	$208.06	Rubbish removal
Lock/key replacement	$440.00	Lock/key replacement
Repairs and painting in hallway	$437.00	Repairs and painting in hallway
Methamphetamine remediation (insurance excess	$2,500.00	Methamphetamine remediation (insurance excess
Exemplary damages - unlawful use of premises	$600.00	Exemplary damages - unlawful use of premises
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,318.06
Total payable by Tenant to Landlord	$3,318.06

Claims and awards for application 5475429 — net $3,318.06 NZD. Verify on MoJ.

Cleaning

Amount: $565.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $208.06
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $440.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs and painting in hallway

Amount: $437.00
Awarded to: Landlord
Reason: Repairs and painting in hallway

Methamphetamine remediation (insurance excess

Amount: $2,500.00
Awarded to: Landlord
Reason: Methamphetamine remediation (insurance excess

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Irelands Real Estate Limited as agent for Denise Wells $3,318.06 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,460.00 ([Bond number suppressed]) to Irelands Real Estate Limited as agent for Denise Wells immediately.

Reasons

Both parties attended the hearing. Ms Peters and Ms Oquist represented the landlord. The landlord’s claims
The tenant accepted the landlord’s claims for cleaning, rubbish removal, lock and key replacement, repairs and painting in the hallway, and for methamphetamine remediation (limited to the amount of the owner’s insurance excess). I allow those claims, marked *, by consent. Exemplary damages
Exemplary damages are designed to punish and to deter. They are like a fine.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 of the Residential Tenancies Act 1986 (RTA). Those factors are: • The intention of the person; • The effect of the unlawful act; • The interests of the party against whom the unlawful act was committed; and • The public interest.
The possession and use of methamphetamine is an offence under the Misuse of Drugs Act 1975. Using the premises, or permitting the premises to be used, for any unlawful purpose is a defined unlawful act 1 .
The tenant accepted that there should be an award of exemplary damages in this case as she let people stay at the premises who were likely to use methamphetamine.
The unlawful use or possession of a controlled drug is against the public interest. I heard evidence about the effect of this unlawful act on the landlord. Together with the tenant’s acceptance that people at the premises with her consent used methamphetamine, I find that the section 109 RTA criteria are met in this case.
I award the landlord exemplary damages of $600.00, one-third of the maximum amount, which is the usual starting point for an award of exemplary damages. 1 See sections 40(2)(b) and 40(3A)(c) RTA Result
The bond will be paid to the landlord. After the deduction of the bond, the tenant will pay the landlord $3,318.06. Name suppression
Because the tenant accepted the landlord’s claims (exemplary damages are for the Tribunal’s discretion) the order is one that could have been made at mediation, which is a confidential process.
That aside, there are safety reasons which I need not detail that justify suppressing the tenant’s name and identifying details. Those reasons outweigh the public interest for the order to be published in this case.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5475429 — net $3,318.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$565.00	Cleaning
Rubbish removal	$208.06	Rubbish removal
Lock/key replacement	$440.00	Lock/key replacement
Repairs and painting in hallway	$437.00	Repairs and painting in hallway
Methamphetamine remediation (insurance excess	$2,500.00	Methamphetamine remediation (insurance excess
Exemplary damages - unlawful use of premises	$600.00	Exemplary damages - unlawful use of premises
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,318.06
Total payable by Tenant to Landlord	$3,318.06

Claims and awards for application 5475429 — net $3,318.06 NZD. Verify on MoJ.

Cleaning

Amount: $565.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $208.06
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $440.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs and painting in hallway

Amount: $437.00
Awarded to: Landlord
Reason: Repairs and painting in hallway

Methamphetamine remediation (insurance excess

Amount: $2,500.00
Awarded to: Landlord
Reason: Methamphetamine remediation (insurance excess

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Irelands Real Estate Limited as agent for Denise Wells $3,318.06 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,460.00 ([Bond number suppressed]) to Irelands Real Estate Limited as agent for Denise Wells immediately.

Reasons

Both parties attended the hearing. Ms Peters and Ms Oquist represented the landlord. The landlord’s claims
The tenant accepted the landlord’s claims for cleaning, rubbish removal, lock and key replacement, repairs and painting in the hallway, and for methamphetamine remediation (limited to the amount of the owner’s insurance excess). I allow those claims, marked *, by consent. Exemplary damages
Exemplary damages are designed to punish and to deter. They are like a fine.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 of the Residential Tenancies Act 1986 (RTA). Those factors are: • The intention of the person; • The effect of the unlawful act; • The interests of the party against whom the unlawful act was committed; and • The public interest.
The possession and use of methamphetamine is an offence under the Misuse of Drugs Act 1975. Using the premises, or permitting the premises to be used, for any unlawful purpose is a defined unlawful act 1 .
The tenant accepted that there should be an award of exemplary damages in this case as she let people stay at the premises who were likely to use methamphetamine.
The unlawful use or possession of a controlled drug is against the public interest. I heard evidence about the effect of this unlawful act on the landlord. Together with the tenant’s acceptance that people at the premises with her consent used methamphetamine, I find that the section 109 RTA criteria are met in this case.
I award the landlord exemplary damages of $600.00, one-third of the maximum amount, which is the usual starting point for an award of exemplary damages. 1 See sections 40(2)(b) and 40(3A)(c) RTA Result
The bond will be paid to the landlord. After the deduction of the bond, the tenant will pay the landlord $3,318.06. Name suppression
Because the tenant accepted the landlord’s claims (exemplary damages are for the Tribunal’s discretion) the order is one that could have been made at mediation, which is a confidential process.
That aside, there are safety reasons which I need not detail that justify suppressing the tenant’s name and identifying details. Those reasons outweigh the public interest for the order to be published in this case.

Tenancy Tribunal case 5475429 — Property damage

At a glance

Tenancy Tribunal case 5475429 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions