Tenant Ordered to Pay $13,738.56 for Damages and Costs

__________________________________________________________________________________ 5202673 1

[2025] NZTT 5202673

TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] and [NAME] must pay [COMPANY] $13,738.56 immediately, calculated as shown in table below.

2. This Order incorporates the previous order for application 5117809 dated 3 March 2025.

Description Landlord Tenant Previous order application 5117809 dated 03/03/2025 $5,871.62 Water rates as at end of tenancy $202.65 Meth test 7 Jan 2025 $293.25 Meth test 9 Jan 2025 $396.75 Meth test 27 March 2025 $2,116.00 Insurance excess - meth related damage $2,500.00 Rubbish removal $438.31 Lock/key replacement $598.00 2 garage door remotes $39.00 Heat pump remote $55.98 Exemplary damages – using premises for unlawful purpose

$1,200.00

Filing fee reimbursement $27.00 Total award $13,738.56 Total payable by Tenant to Landlord $13,738.56

__________________________________________________________________________________ 5202673 2

Reasons:

1. The tenants did not attend the hearing which was held today at Tauranga District Court. The hearing proceeded in their absence.

2. The landlord has applied for compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

Water rates

3. I accept the evidence indicating that as at the end of the tenancy the tenants owed a further $202.65 in water rates. This is over and above the water rates ordered in the previous order for application 5117809.

Methamphetamine contamination

4. A landlord must prove that any 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.

5. 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.

6. 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. See Guo v Korck [2019] NZHC 1541.

7. The landlord makes a number of claims under this heading, including the insurance excess payable for cleaning the premises, carpet replacement and replacement of the blinds for the entire house, less two bedrooms, and the costs of the methamphetamine tests.

8. I accept that the premises were contaminated by methamphetamine during the tenants’ occupation of the tenancy. This is because a test done on 12 August 2016, a week prior to the tenants moving in, does not indicate any methamphetamine contamination, whereas three tests done in January and March 2025 show that methamphetamine was present in all the rooms of the premises including the garage, except for in two bedrooms.

9. However, the tenants are not liable for any costs associated with this contamination unless the level of methamphetamine contamination is 15mg/100cm2 or greater.

10. This is because for a number of years now the Tribunal has accepted and applied what is universally described as the “Gluckman” level. This is the level

__________________________________________________________________________________ 5202673 3

which Professor Gluckman in his report of May 2018 to the Government, concluded was a level below which there was no real risk to occupants of the premises (except where there is evidence of manufacturing).

11. Applying this level means that in this case, where there is only one room (the lounge) that tests over the 15mg/100cm2, the tenants are liable only for the remediation costs relating to this room. The lounge tested as 16.8mg/100cm2.

12. Evidence was given today as to the costs of cleaning the premises, the costs of replacing the carpet and the costs of replacing the blinds throughout the entire premises, minus the two bedrooms unaffected by methamphetamine. The total cost amounted to $17,445.00.

13. However, the landlord seeks payment only of the insurance excess payable for these costs – that is, $2,500.00. This amount is less than the estimated cost of remediating the lounge only and so I am ordering the tenants to pay this amount.

14. I am also ordering the tenants to pay the invoiced costs of methamphetamine testing given that the lounge tested over the 15mg/100cm2 level.

15. The landlord also seeks an award of exemplary damages because the tenants used the premises for an unlawful purpose.

16. A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

17. 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.

18. It is unlawful to use methamphetamine and so I find that the tenants have committed an unlawful act.

19. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

20. I consider it just to award the landlord $1,200.00 in exemplary damages. I accept that the contamination has caused the landlord significant stress and has meant that the premises have not been able to be re-tenanted in a timely way. I have also taken into account the considerable public interest in tenants’ abiding by NZ law, particularly in relation to drug abuse which has a documented negative impact not only on the users themselves but on the wider society.

21. I note that at today’s hearing the landlord withdrew a claim for painting the premises.

__________________________________________________________________________________ 5202673 4

Did the tenants comply with their obligations at the end of the tenancy?

22. 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.

23. I accept the evidence that the tenants left a considerable amount of rubbish at the premises.

24. The tenants did not return the keys.

25. The following chattels were missing at the end of the tenancy: 2 garage door remotes and a heat pump remote.

26. The amounts ordered to remedy these issues are proved by invoices.

Filing fee reimbursement

27. I am also ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them.

[NAME]

29 April 2025

__________________________________________________________________________________ 5202673 5

Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

__________________________________________________________________________________ 5202673 6

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: