A Rotorua landlord was surprised to find ETB Realty let his property to a tenant who had to pay exemplary damages for smoking methamphetamine at her previous flat also rented to her by the company. It wasn’t until halfway through his tenancy that landlord Martin Bader became aware Nasya Burton had been ordered by the Tenancy Tribunal to pay exemplary damages of $770 to her previous landlords for smoking meth at their Sunnybrook property. A subsequent test at his Western Heights property clearly showed meth had been used at the premises during the tenancy.

Burton’s tenancy at Bader’s Western Heights property was short-lived. It was ended by tribunal order after 3.5 months when she abandoned the premises.

ETB Realty then applied to the tribunal for exemplary damages for unlawful use, electrical fittings replacement/repair, lock/key replacement and rubbish removal.

ETB Realty found the abandoned premises with knee-high grass needing a weed eater first, so it could then be mown. Once the grass was lowered rubbish was found strewn across it.

Burton also failed to return the keys and the outside porch light was ripped off the exterior wall leaving loose wires hanging, resulting in her having to pay ETB Realty $1,000.95 for repairs and groundwork.

The tribunal found Burton’s meth smoking at the property was intentional after ETB Realty undertook a test just before the tenancy started which recorded a composite level of 0.6mcg per 100m2, which provided a baseline. Because it had received a positive meth test result from Burton’s previous tenancy, which ETB Realty had also managed, a test was done on September 23. It recorded five rooms in the house with levels over 1.5mcg/100m2, with the highest individual level 4.09mcg/100m2.

Adjudicator R Lee said while it did not amount to “damage” contamination because it did not exceed the Gluckman report level, it clearly showed meth had been used in the premises during the tenancy.

“The effect on the landlord has been harsh with no rental income for the past three months due to remediation work being carried out.

“This issue has caused great stress and uncertainty for the landlord, particularly when there are no regulations yet in place determining the safe level of methamphetamine residue for safe habitation.” Lee said although the level of residue was low, it was the second award of exemplary damages for the same unlawful act the tenant has committed within the past 12 months.

“I consider that 50% of the maximum is reasonable given 40% was awarded for the first occasion.”

Burton was ordered to pay $900 exemplary damages to the landlord, bringing the total award to $1,921.39.