A woman who says she was unaware her boyfriend was using methamphetamine in her apartment - and was assaulted by him when she found out and confronted him - has been told she must pay more than $50,000 to her former landlord.
Yuriko Unno and her landlord, whose identity is suppressed, were first before the Tenancy Tribunal in 2022.
At that point, the tribunal awarded compensation and exemplary damages of $7253.40 to the tenant, and $1500 to the landlord.
But the landlord appealed the order to the district court, which set aside the tribunal award and instead gave the tenant a rent rebate of $1628.57.
But the district court judgement also said the sums refunded to the tenant should not be paid until the Tenancy Tribunal had ruled on the loss and damage to the apartment in question.
Judge Kate Davenport KC noted: "I have considerable difficulty with the decision of the Tribunal that ordered the landlord to pay damages and compensation for circumstances that were caused an illicit act of the tenant."
Tenants are liable for damage that is intentional or results from activity that is an imprisonable offence.
There had been no meth testing at the start of the tenancy but there was evidence of methamphetamine related activity, including a broken meth pipe.
Testing showed readings well both above the current standard for meth contamination and the much higher level suggested by former chief science adviser Sir Peter Gluckman.
But Unno argued she should not be liable for the costs of decontamination and refurbishment because she did not use or make meth in the apartment, and was unaware her boyfriend was.
When she found out, she was assaulted and he had since been imprisoned for assault and possession of an illicit substance.
The Residential Tenancies Act notes tenants are responsible for anything done by someone on the premises with their permission.
Unno confirmed her boyfriend was there with her permission and did not have a key.
"The landlord has proven that there was considerable intentional damage caused during the tenancy by the tenant's boyfriend's consumption of methamphetamine in the apartment. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage," tribunal adjudicator Michelle Pollak said.
Pollak said the landlord had tried to reduce the costs of the repairs by purchasing soft furnishing and appliances second-hand and negotiating discounts on things she bought new.
The decontamination cost more than $88,000, but $57,500 was paid by the body corporate's insurance, $14,000 was paid by the tenant and the body corporate wrote off the rest.
The landlord sought reimbursement for the $14,000 she paid to the body corporate as a contribution to the decontamination costs, which Pollak awarded to her.
She was also awarded 22 weeks of lost rent - in total 42 weeks were lost but her insurance covered 20.
In total, the amount due to the landlord by the tenant was $50,039.34.
She was told to pay it by 250 weekly payments of $200.
