What was the outcome of Tenancy Tribunal case 5160514?

The tribunal order states: Shae Swan must pay Eves Realty Limited $2,195.57 immediately, calculated as

How much money was awarded in case 5160514?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,918.57 awarded to landlord; Reglaze glass pane in rear external…: $250.00 awarded to landlord

What type of tenancy dispute was case 5160514?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5160514?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880490-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5160514?

The tribunal order states: Shae Swan must pay Eves Realty Limited $2,195.57 immediately, calculated as

How much money was awarded in case 5160514?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,918.57 awarded to landlord; Reglaze glass pane in rear external…: $250.00 awarded to landlord

What type of tenancy dispute was case 5160514?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5160514?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880490-Tenancy_Tribunal_Order.pdf.

250 Balmoral Drive, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5160514 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5160514 — net $2,195.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 December 2024	$1,918.57	Rent arrears to 19 December 2024
Repairs: Reglaze glass pane in rear external door	$250.00	Repairs: Reglaze glass pane in rear external door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,195.57
Total payable by Tenant to Landlord	$2,195.57

Shae Swan must pay Eves Realty Limited $2,195.57 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears to 19 December 2024$1,918.57 Repairs: Reglaze glass pane in rear external door$250.00 Filing fee reimbursement$27.00 Total award$2,195.57 Total payable by Tenant to Landlord$2,195.57

Reasons

Ms Tresidder attended the hearing as the landlord's representative via teleconference.

Ms Swan, the tenant, emailed the Registry on 17 May 2025, stating: “This is the first I'm hearing about having tenancy, I refuse to go or be there if bree from Eves rental will be there or even be able to hear her voice, as she is a trigger an setw (sic) off anxiety attacks an also panic attacks, if I owe money that's fine, I except (sic) my part I played but there was full explanation an or valid reasons behind any of my actions,”

Although Ms Swan stated in her email dated 17 May 2025 that she would not attend the hearing, I attempted to call her using the cell number provided on the landlord’s application form. The call went straight to voicemail without ringing.

Ms Swan was aware of today’s hearing and had informed the Tribunal that she would not be attending. On that basis, I proceeded with the hearing in her absence.

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

How much is owed for rent?

The tenancy ended on 19 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: a. Glass pane in rear external door.

Ms Tresidder gave evidence that the external door pane in question sustained damage during the tenant's occupancy. Specifically, the bottom panel of the glass door was broken. Throughout the tenancy, the tenant acknowledged responsibility for the damage during each inspection and repeatedly promised to repair it. However, despite these assurances, the tenant never followed through with the repairs. By the end of the tenancy, the damaged panel remained unfixed, and the tenant had instead boarded it up as a temporary measure.

Ms Tresidder described the situation as one where the tenant had been given multiple opportunities to address the issue but failed to do so. The damage was significant enough to warrant a claim, though the landlord opted to pursue only the cost of reglazing the pane, amounting to $250, rather than seeking compensation for additional damages. Her client’s decision was made in the interest of resolving the matter expediently, as the property owner preferred to avoid prolonged disputes.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee

Because Eves Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5160514 — net $2,195.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 December 2024	$1,918.57	Rent arrears to 19 December 2024
Repairs: Reglaze glass pane in rear external door	$250.00	Repairs: Reglaze glass pane in rear external door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,195.57
Total payable by Tenant to Landlord	$2,195.57

Order

Shae Swan must pay Eves Realty Limited $2,195.57 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears to 19 December 2024$1,918.57 Repairs: Reglaze glass pane in rear external door$250.00 Filing fee reimbursement$27.00 Total award$2,195.57 Total payable by Tenant to Landlord$2,195.57

Reasons

Ms Tresidder attended the hearing as the landlord's representative via teleconference.
Ms Swan, the tenant, emailed the Registry on 17 May 2025, stating: “This is the first I'm hearing about having tenancy, I refuse to go or be there if bree from Eves rental will be there or even be able to hear her voice, as she is a trigger an setw (sic) off anxiety attacks an also panic attacks, if I owe money that's fine, I except (sic) my part I played but there was full explanation an or valid reasons behind any of my actions,”
Although Ms Swan stated in her email dated 17 May 2025 that she would not attend the hearing, I attempted to call her using the cell number provided on the landlord’s application form. The call went straight to voicemail without ringing.
Ms Swan was aware of today’s hearing and had informed the Tribunal that she would not be attending. On that basis, I proceeded with the hearing in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. Glass pane in rear external door.
Ms Tresidder gave evidence that the external door pane in question sustained damage during the tenant's occupancy. Specifically, the bottom panel of the glass door was broken. Throughout the tenancy, the tenant acknowledged responsibility for the damage during each inspection and repeatedly promised to repair it. However, despite these assurances, the tenant never followed through with the repairs. By the end of the tenancy, the damaged panel remained unfixed, and the tenant had instead boarded it up as a temporary measure.
Ms Tresidder described the situation as one where the tenant had been given multiple opportunities to address the issue but failed to do so. The damage was significant enough to warrant a claim, though the landlord opted to pursue only the cost of reglazing the pane, amounting to $250, rather than seeking compensation for additional damages. Her client’s decision was made in the interest of resolving the matter expediently, as the property owner preferred to avoid prolonged disputes.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because Eves Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5160514 — Rent arrears at 250 Balmoral Drive, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 5160514 — Rent arrears at 250 Balmoral Drive, Tokoroa, Tokoroa 3420

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions