The Tenancy Tribunal has ordered a couple to pay $30,000 to their former landlord after the apartment they rented was allegedly used to manufacture methamphetamine and significant damage was done to the property during their occupancy which was also ruled to be drug-related. Photo / file Bay of Plenty Times
A landlord awarded $30,000 after tenants used his property to cook methamphetamine before leaving owing thousands in rent will probably never recover the losses, his agent says.
The couple, who are also alleged to have gang connections, initially had their lease for the apartment on Vogel Lane, Auckland Central, terminated by the Tenancy Tribunal in July 2022, for rent arrears of $8950.
Barfoot and Thompson managed the unit on behalf of the owner Jeff Lau.
After the couple vacated the property, drug paraphernalia was discovered during an inspection resulting in tests being carried out at the property which revealed significant methamphetamine contamination.
Readings of up to 75mg per 100sq cm were detected throughout the apartment, five times chief science adviser Sir Peter Gluckman’s recommended level of 15mg per 100sq cm - a guideline the Tenancy Tribunal has followed since 2018 - and well in excess of the current New Zealand standard of 1.5mg per 100sq cm.
Extensive damage to the walls and door frames of the unit, attributed to drug use, was also located during the inspection, which resulted in a second compensation claim to the tribunal.
Adjudicator Michael Kan, in a decision released last month, awarded Lau a total of $29,964.91 which included $12,477.62 for methamphetamine testing and decontamination as well as $5859.47 for repairs to the door frames and walls, further rent arrears of $1821.40 and the original award for outstanding rent of $8950.
The couple, who did not attend the hearing, were ordered to pay the total amount to Lau immediately.
Property management assistant Dante Joseph told NZME none of the money had been received and when asked if he expected payment to be made he replied “To be honest, I don’t think so.”
“I believe that these tenants were really difficult to deal with and I believe that they were associated with gangs.”
Joseph said drug utensils, including a bong, were found during the inspection after the couple vacated the property. There were no light bulbs in the unit and he claimed the high readings showed methamphetamine had been cooked in the kitchen.
“It was really certain they were cooking and producing a lot of meth at that property.”
He said some landlords faced huge clean-up costs as a result of methamphetamine manufacture or use which could cause them significant financial burden.
Agents tried to avoid letting to anyone associated with criminal groups or activity and checked references thoroughly, Joseph said.
“It can be easy to pick up, you can just feel the vibe that they bring.”
Kan said the landlord submitted evidence of drug paraphernalia found at the premises to support the tenant consumed methamphetamine during their occupancy and he was satisfied the contamination happened during the tenancy.
“The high readings of methamphetamine also indicate that the tenant used the premises for an unlawful purpose,” his ruling detailed.
Damage to the premises was extensive, Kan stated and ruled it had been caused by the application of intentional force during the tenancy, which he also linked to drug use.
“The damages to the walls and doors are consistent with a person withdrawing from methamphetamine.”
Regulations for testing rental properties contaminated with methamphetamine are currently being established by the Government.
Public consultation ended in March and the analysis of submissions is expected to finish in October 2023.
Proposed regulations include a maximum acceptable level of meth residue in rental housing, premises recording above the limit would be considered to be contaminated and tenancies could be terminated.
Requirements for landlords on when and how to test for meth residue, what type of testing would be permitted and how to decontaminate premises were also being established.
Leighton Keith joined NZME as an Open Justice reporter based in Whanganui in 2022. He’s been a journalist for 20 years covering a variety of topics and rounds.