In tribunal adjudicator Michelle Pollack’s decision, she said that cultivating cannabis plants indoors involved high humidity, cutting holes in ceilings or walls for ventilation ducting, and hanging plastic sheeting, which led to heavy rot, persistent mould and structural decay.
“This is intentional damage. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage,” she said.
The tenants, who cannot be named, did not attend the tribunal hearing.
Despite the landlord having insurance, the extensive damage was not covered because it was caused by illegal activity that created severe, high-risk hazards outside normal residential use. As a result, he accepted a quote for repairs from a builder.
Pollack said the landlord should be in the position he would have been in had the tenants not breached their obligations and should not be better or worse off.
She therefore ordered the tenants to pay him $87,411.50 for the cannabis-related damage.
The tenants were also ordered to pay $3600 in rent arrears and a $29 tribunal filing fee.
The tenancy was terminated, but the landlord had been unable to contact the tenants to get them to remove their belongings from the property, with Pollack ruling it was not practicable for the landlord to return the goods.
She granted him the right to sell their belongings at a reasonable market price. This included three cars left at the property.
He was able to use the proceeds to offset the debt owed to him by the tenants, while the remaining funds would go to the Bond Centre.
Any items with no saleable value could be disposed of, Pollack said.
The landlord was also ordered to take any personal documents belonging to the tenants that had been left at the premises to the nearest police station.
Brianna McIlraith is a Queenstown-based reporter for Open Justice covering courts in the lower South Island. She has been a journalist since 2018 and has had a strong interest in business and financial journalism.
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