What was Tenancy Tribunal case 5478553 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5478553?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5478553?

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

Where can I read the official tribunal order for case 5478553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14138888-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5478553 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5478553?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5478553?

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

Where can I read the official tribunal order for case 5478553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14138888-Tenancy_Tribunal_Order.pdf.

15C South Road, Kuripuni, Masterton 5810 Tenancy Tribunal Case 5478553 — Property damage

Tenantcheck Insights

Reasons

Only the applicant landlord attended the hearing.

The landlord is claiming compensatory and exemplary damages with respect to Mr Cowan’s tenancy on the basis that it is likely he has either used or permitted the premises to be used for an unlawful purpose (methamphetamine use or manufacture). The cost of decontaminating the premises, to remove the methamphetamine residue, was more than $50,000 but the landlord is claiming the insurance excess of $1,250.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

What does the RTA say about methamphetamine damage to tenancy premises?

A tenant must not use, or permit the use of, the premises for any unlawful purpose. See section 40(2)(b) of the RTA.

A tenant must not intentionally cause damage to premises and is liable for the cost of repairing damage that has occurred as a result of unlawful activity at the premises.

The use or possession of methamphetamine is an imprisonable offence. See the Misuse of Drugs Act 1975. Manufacturing methamphetamine and possession for supply can lead to a life sentence.

In support of the claim, the landlord provided confirmation of very high methamphetamine levels (considerably exceeding the NZ Standard, “Gluckman” standard levels and the new Regulations) at the end of the tenancy.

However, no methamphetamine testing was done at the commencement of the tenancy which would enable the Tribunal to establish that the methamphetamine contamination occurred during the tenancy.

The landlord had hoped to obtain a Police report assisting the Tribunal to find it was likely the contamination occurred during the evidence, but the property manager said the Police report did not assist, as it simply stated the Police had attended at the address, without any more detail. The report was therefore not provided in evidence.

To find that it was likely that the tenant had either used or permitted others to use the property for methamphetamine use/manufacture, some strong evidence supporting that conclusion would need to be provided. It is well established law that the more serious the claim against the tenant (and methamphetamine use/manufacture is a serious criminal offence) the applicant is asserting, the stronger the evidence that is required. This is an allegation of serious criminal behaviour and so the evidence provided must be strong.

In the absence of a pre tenancy methamphetamine test done before [The tenant/s] tenant/s] moved into the premises (or any other evidence at all) means it cannot be established to the required standard that the contamination occurred during the tenancy. The existence of the contamination is not evidence of the date of the contamination.

The claims for methamphetamine related compensation and exemplary damages are dismissed.

Reasons

Only the applicant landlord attended the hearing.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

What does the RTA say about methamphetamine damage to tenancy premises?

A tenant must not use, or permit the use of, the premises for any unlawful purpose. See section 40(2)(b) of the RTA.

A tenant must not intentionally cause damage to premises and is liable for the cost of repairing damage that has occurred as a result of unlawful activity at the premises.

The use or possession of methamphetamine is an imprisonable offence. See the Misuse of Drugs Act 1975. Manufacturing methamphetamine and possession for supply can lead to a life sentence.

However, no methamphetamine testing was done at the commencement of the tenancy which would enable the Tribunal to establish that the methamphetamine contamination occurred during the tenancy.

The claims for methamphetamine related compensation and exemplary damages are dismissed.

Tenancy Tribunal case 5478553 — Property damage at 15C South Road, Kuripuni, Masterton 5810

At a glance

Tenancy Tribunal case 5478553 — Property damage at 15C South Road, Kuripuni, Masterton 5810

At a glance

Claims & awards

Order

Reasons

What does the RTA say about methamphetamine damage to tenancy premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

What does the RTA say about methamphetamine damage to tenancy premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.