NZ Property Investor

METH LIABILITY

Q I have a property that was baseline meth tested 10 days after my old tenants vacated and six days before the new tenants took over the tenancy. During the 16-day period between tenants only my property manager had access to the property. Now the “new tenants” have moved out and the property has failed a meth test. Am I able to hold my “new tenants” liable in this situation?

A Tenants who smoke, sell or manufacture meth in a rental property are using the property for an unlawful purpose and are in breach of the Residential Tenancies Act. This also breaches a tenant’s obligation not to intentionally or carelessly damage the premise.

A landlord will need to apply to the Tenancy Tribunal if looking to hold tenants liable for contamination of a premise. Before deciding to take a meth-related claim to the Tribunal, a landlord would need to be able to provide clear evidence that satisfies the Tribunal that the premises are

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