$26k rent refund claim dismissed
An Auckland resident who was moved from his Housing New Zealand home after it was found to be highly contaminated with methamphetamine residues has sought a $26,000 rent refund.
But Tenancy Tribunal adjudicator Nicola Maplesden dismissed the claim and found the ‘‘extreme’’ levels of residue found were likely caused by the tenant, Brett Micheal Williams, or ‘‘someone at the premises with his consent’’, an observation the former tenant rejects.
Williams sought the refund of all rent paid by him from November 2012 up to the end of his tenancy at an address in Ranui in December 2018.
The premises had not been tested for meth residues prior and was tested by Drug Free NZ at the request of Housing New Zealand (HNZ), after a police search in August 2018.
Police found items used in the manufacture of meth, and swabs from the kitchen and laundry confirmed the kitchen had been used as a cookhouse. Drug Free NZ was commissioned to test the premises by HNZ in October 2018, to which Williams consented.
The resulting report found that ‘‘the contamination found in this house were at the very highest levels so far tested and likely indicate that methamphetamine has been manufactured on site’’.
The highest reading found 1621.80 micrograms per square metre on the kitchen ceiling, with three other readings in the hundreds. There were positive readings for amphetamine, ephedrine and pseudoephedrine, while the report also said suspicious items linking drug manufacture to the property were found.
HNZ determined the property to be uninhabitable and served seven days notice to Williams, who vacated with his son in December. The pair were rehoused in another HNZ home in February.
Under an HNZ policy that compensates tenants who lose belongings or housing due to meth contamination, but who have not been charged by police, Williams claimed and received compensation of $6900.
Because of the wording of a letter sent to Williams by HNZ when it paid the compensation, which included an apology, Williams applied to the tribunal to be compensated for HNZ’s failure to provide ‘‘safe and healthy housing for him and his son’’ and for having to leave at short notice. He said he was not responsible for the drug residues.
Maplesden accepted the wording of the letter was confusing by suggesting HNZ was at fault, but found the landlord was not at fault. The wording was explained by HNZ to be from a standardised template.
The tribunal dismissed the claim in its ruling, and said Williams had not proved HNZ failed in its duty to provide clean and safe premises and it had not breached its contract. The owners of Healthy Food Guide magazine say the November edition will be its last print run.
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