What was Tenancy Tribunal case 5495171 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Clear Property Management Limited T/[The tenant/s] landlord/s] $328.00 immediately, calculated as

How much money was awarded in case 5495171?

Property Damage: $900.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5495171?

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

Where can I read the official tribunal order for case 5495171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14163674-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5495171 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Clear Property Management Limited T/[The tenant/s] landlord/s] $328.00 immediately, calculated as

How much money was awarded in case 5495171?

Property Damage: $900.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5495171?

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

Where can I read the official tribunal order for case 5495171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14163674-Tenancy_Tribunal_Order.pdf.

222 Arthur Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 5495171 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5495171 — net $328.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages - unlawful use	$900.00	Exemplary damages - unlawful use
Insurance excess	$2,000.00	Insurance excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$328.00
Total payable by Tenant to Landlord	$328.00

Only the landlord attended the hearing held on 4 September 2026.

This tenancy commenced on 7 November 2025 and was for a fixed term due to end on 31 October 2026.

The landlord applied for water rates, compensation due to damage and loss of rent, exemplary damages and release of the bond.

In January 2026 there was an incident at the premises which involved the Police, and a search warrant was executed. On 11 March 2026 the Police advised the landlord that there was a very high likelihood that the premises had been used for the manufacture of methamphetamine based on the Police locating numerous chemicals and equipment used for the manufacture of methamphetamine.

On the same day the landlord asked the tenant to vacate the premises, and the tenant agreed to do so once he had found an alternate place to live.

The parties mutually agreed for the fixed term tenancy to end, and the final day was 30 March 2026. By this date the tenant had vacated and returned the keys to the landlord. Water rates

The landlord claims water rates for the last month up until the tenancy ended.

The invoice produced is dated 2 April 2026 and covers water usage for a period from 3 March 2026 until 2 April 2026. The invoice is for an estimate of water consumption and no reading was taken either by the landlord or the provider at the end of the tenancy.

The landlord said that the amount sought for water was estimated based on past usage.

Section 39(4)(c) of the Residential Tenancies Act 1986 states that the tenant is responsible for water on the basis of consumption.

As there is no evidence of water consumption during the final month of the tenancy it is not possible to determine how much the tenant used. The claim for water is dismissed. Compensation

The landlord claims compensation due to methamphetamine contamination and testing. The application refers to initial testing, decontamination and testing after the decontamination.

The landlord produced a report titled Detailed Assessment: Post Decontamination which records test results from 18 March 2026, 7 April 2026 and 8 June 2026.

The report records very high results for methamphetamine 1 when tested on 18 March 2026. The landlord has not produced a full report from that testing.

Under new regulations 2 the maximum acceptable level of methamphetamine 3 for premises is 15μg/100cm². That means that any level of methamphetamine at or above 15μg/100cm² is considered as contamination.

While the full report from the testing carried out on 18 March 2026 should have been produced, I accept on the evidence that the test results are reliable.

The landlord also did not carry out pre tenancy methamphetamine testing. This means that it is not known for sure whether there was any methamphetamine residue before this tenancy.

The absence of a pre-tenancy methamphetamine test means that other evidence is particularly important and must be strong.

The other evidence produced by the landlord is a letter from New Zealand Police dated 11 March 2026 notifying the landlord that Police had attended at the address in relation to a search warrant and located numerous chemicals and equipment used for the manufacture of methamphetamine and it is a very high likelihood manufacture has taken place at the address.

The landlord confirmed that these costs have been covered by the insurance company. The insurance excess is $2,000.00.

The tenancy agreement states that the premises are insured but does not provide the excess amount 4 as required by the Act. Even if the excess had been recorded in the tenancy agreement it would not likely include the excess for methamphetamine contamination, which is higher than the excess for a standard insurance claim.

On the evidence produced I am satisfied that the tenant should be responsible for the excess for the landlord’s insurance claim 5 . That amount is awarded. Loss of rent

The landlord claimed for loss of rent due to the time taken for the premises to be repaired and re-tenanted. A new tenancy commenced on 17 August 2026.

At the hearing the landlord said that the insurance excess for loss of rent was not accepted. No evidence was produced to support this. The insurance claim received by the landlord may have included a sum for loss of rent but without 1 524μg per 100cm 2 Residential Tenancies (Managing Methamphetamine Contamination) Regulations 2026 3 Regulation 5(2) Residential Tenancies (Managing Methamphetamine Contamination) Regulations 2026 4 Section 13A(2)(b)(i) Residential Tenancies Act 1986 5 Section 49B(3)(a) Residential Tenancies Act 1986 confirmation from the insurance company of what the claim covered it is not possible for the Tribunal to determine this issue. In addition, there is insufficient evidence to establish that the repairs took until August 2026 to complete.

Due to a lack of evidence the landlord’s claim for loss of rent is dismissed. Unlawful use

The landlord claimed for exemplary damages due to the tenant using the premises for an unlawful purpose being the use or manufacture of methamphetamine, a prohibited drug.

The tenant shall not use the premises, or permit the premises to be used, for any unlawful purpose 6 .

Using the premises for any activity prohibited by the Misuse of Drugs Act 1975 is considered using the premises for an unlawful purpose.

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.

On the evidence produced I accept that the tenant has used, or allowed the premises to be used 7 , for the use or manufacture of methamphetamine.

In considering whether to grant an award of exemplary damages the Tribunal must consider: a) The intent of the person committing the unlawful act; b) The effect of the unlawful act; c) The interests of the landlord or tenant against whom the unlawful act was committed; d) The public interest; and e) Whether it is just to make the award 8 .

After considering these matters I have reached the conclusion that an award of exemplary damages of $900.00 is reasonable. Filing fee 6 Section 40(2)(b) Residential Tenancies Act 1986 7 Section 41(1) Residential Tenancies Act 1986 8 Section 109(3) Residential Tenancies Act 1986

Because Clear Property Management Limited T/[The tenant/s] landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5495171 — net $328.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages - unlawful use	$900.00	Exemplary damages - unlawful use
Insurance excess	$2,000.00	Insurance excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$328.00
Total payable by Tenant to Landlord	$328.00