What was the outcome of Tenancy Tribunal case 4889280?

The tribunal order states: Chanelle Crawford and Chad Cox must pay Chao Ye $1,080.00 immediately,

How much money was awarded in case 4889280?

Filing Fee: $20.44 awarded to tenant; Paint Bedroom Walls (Depreciated: $600.00 awarded to landlord; Previous Order Application 4852660 D…: $20.44 awarded to landlord; Refund Administration Fee From Start…: $170.00 awarded to tenant; Replace And Instal Bathroom Vanity U…: $650.00 awarded to landlord

What type of tenancy dispute was case 4889280?

The dispute type was not classified.

Where can I read the official tribunal order for case 4889280?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10418488-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4889280?

The tribunal order states: Chanelle Crawford and Chad Cox must pay Chao Ye $1,080.00 immediately,

How much money was awarded in case 4889280?

Filing Fee: $20.44 awarded to tenant; Paint Bedroom Walls (Depreciated: $600.00 awarded to landlord; Previous Order Application 4852660 D…: $20.44 awarded to landlord; Refund Administration Fee From Start…: $170.00 awarded to tenant; Replace And Instal Bathroom Vanity U…: $650.00 awarded to landlord

What type of tenancy dispute was case 4889280?

The dispute type was not classified.

Where can I read the official tribunal order for case 4889280?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10418488-Tenancy_Tribunal_Order.pdf.

Unit/Flat 605, 24 Library Lane, Albany, Auckland 0632 Tenancy Tribunal Case 4889280 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4889280 — net $1,080.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4852660 dated 14/05/2024	$20.44		Previous order application 4852660 dated 14/05/2024
Replace and instal bathroom vanity unit (depreciated	$650.00		Replace and instal bathroom vanity unit (depreciated
Paint bedroom walls (depreciated	$600.00		Paint bedroom walls (depreciated
Refund administration fee from start of tenancy		$170.00	Refund administration fee from start of tenancy
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$1,270.44	$190.44
Net award	$1,080.00
Total payable by Tenant to Landlord	$1,080.00

Both parties attended the hearing which I conducted by phone. Ms Crawford represented the tenant.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

The application follows a previous tenant application for the bond. The Tribunal made an order awarding the bond to the tenant in the absence of a landlord application for costs from the bond – see NZTT 4852660, 14 May 2024.

The landlord has 2 claims for compensation – the replacement and installation cost of a bathroom vanity unit ($847.50) and the cost of repainting the walls in a bedroom ($920.00).

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (RTA).

The bathroom vanity unit was cracked during the tenancy. The tenant said she did not know how that occurred.

I find that the damage to the tenancy was more than fair wear and tear. It was probably the result of some careless act that occurred even if not immediately apparent.

The landlord said he accepted the lowest quote for the repair of the damage; other quotes were between $1,000.00 and $1,500.00.

I have depreciated the claim for the vanity replacement cost to take into account the age of the vanity unit (5 years) and some reasonable fair wear and tear over time.

The tenant accepted that there was damage to the bedroom walls caused when items attached to the walls were removed. The tenant attempted some paint repairs. The landlord said the colour match was not correct.

The tenant offered some compensation for the cost of painting the walls, but the parties could not agree on an amount.

The landlord said he had minimised the cost by undertaking other work himself and with his friends’ help.

The premises were new at the start of the tenancy. The tenancy lasted 5 years. Again, I must take depreciation and fair wear and tear into account. I award the landlord compensation of $600.00 for the damage to the walls resulting in the need for repainting.

The tenant said she was charged an administration fee at the start of the tenancy of $170.00. The landlord said that the fee was for TradeMe advertising.

Section 17 RTA prevents a landlord from charging key money in respect of the grant of any tenancy agreement. The landlord was a private landlord and was not able to charge any costs for granting the tenancy.

Although this is a landlord application, I have deducted the advertising fee charged to the tenant from the compensation awarded to the landlord. There is little sense in requiring a third application to have all issues in relation to this tenancy resolved.

As the landlord is mostly successful, the tenant must pay his Tribunal filing fee.

I have carried forward the filing fee awarded to the tenant on the last application. Effectively, the separate awards for the filing fees offset each other.

On my enquiry, neither party sought a name suppression order.

Claims and awards in Tenancy Tribunal application 4889280 — net $1,080.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4852660 dated 14/05/2024	$20.44		Previous order application 4852660 dated 14/05/2024
Replace and instal bathroom vanity unit (depreciated	$650.00		Replace and instal bathroom vanity unit (depreciated
Paint bedroom walls (depreciated	$600.00		Paint bedroom walls (depreciated
Refund administration fee from start of tenancy		$170.00	Refund administration fee from start of tenancy
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$1,270.44	$190.44
Net award	$1,080.00
Total payable by Tenant to Landlord	$1,080.00

Order

Chanelle Crawford and Chad Cox must pay Chao Ye $1,080.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing which I conducted by phone. Ms Crawford represented the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The application follows a previous tenant application for the bond. The Tribunal made an order awarding the bond to the tenant in the absence of a landlord application for costs from the bond – see NZTT 4852660, 14 May 2024.
The landlord has 2 claims for compensation – the replacement and installation cost of a bathroom vanity unit ($847.50) and the cost of repainting the walls in a bedroom ($920.00).

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (RTA).
The bathroom vanity unit was cracked during the tenancy. The tenant said she did not know how that occurred.
I find that the damage to the tenancy was more than fair wear and tear. It was probably the result of some careless act that occurred even if not immediately apparent.
The landlord said he accepted the lowest quote for the repair of the damage; other quotes were between $1,000.00 and $1,500.00.
I have depreciated the claim for the vanity replacement cost to take into account the age of the vanity unit (5 years) and some reasonable fair wear and tear over time.
The tenant accepted that there was damage to the bedroom walls caused when items attached to the walls were removed. The tenant attempted some paint repairs. The landlord said the colour match was not correct.
The tenant offered some compensation for the cost of painting the walls, but the parties could not agree on an amount.
The landlord said he had minimised the cost by undertaking other work himself and with his friends’ help.
The premises were new at the start of the tenancy. The tenancy lasted 5 years. Again, I must take depreciation and fair wear and tear into account. I award the landlord compensation of $600.00 for the damage to the walls resulting in the need for repainting.
The tenant said she was charged an administration fee at the start of the tenancy of $170.00. The landlord said that the fee was for TradeMe advertising.
Section 17 RTA prevents a landlord from charging key money in respect of the grant of any tenancy agreement. The landlord was a private landlord and was not able to charge any costs for granting the tenancy.
Although this is a landlord application, I have deducted the advertising fee charged to the tenant from the compensation awarded to the landlord. There is little sense in requiring a third application to have all issues in relation to this tenancy resolved.
As the landlord is mostly successful, the tenant must pay his Tribunal filing fee.
I have carried forward the filing fee awarded to the tenant on the last application. Effectively, the separate awards for the filing fees offset each other.
On my enquiry, neither party sought a name suppression order.

Tenancy Tribunal case 4889280 — Tenancy dispute at Unit/Flat 605, 24 Library Lane, Albany, Auckland 0632

At a glance

Tenancy Tribunal case 4889280 — Tenancy dispute at Unit/Flat 605, 24 Library Lane, Albany, Auckland 0632

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions