Tenantcheck Insights · Case study
Tenancy Tribunal case 5404488 — Property damage at 48 Kauri Drive, Takanini, Takanini 2112
Published 13 March 2026 · Application 5404488
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Takanini
Tribunal region
Adjudicator
J Tam
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $2,261.05
- Total balance for Tenant to pay Landlord
- $2,261.05
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Water rates | $219.41 | Water rates | |
| Garage remote replacement | $125.00 | Garage remote replacement | |
| Cleaning | $300.00 | Cleaning | |
| Repairs: carpet replacement (limited to excess | $750.00 | Repairs: carpet replacement (limited to excess | |
| Repairs: security system | $838.64 | Repairs: security system | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,261.05 | ||
| Bond | $2,960.00 | ||
| Total payable by Tenant to Landlord | $2,261.05 |
Claims and awards for application 5404488 — net $2,261.05 NZD. Verify on MoJ.
Water rates
- Amount
- $219.41
- Awarded to
- Landlord
- Reason
- Water rates
Garage remote replacement
- Amount
- $125.00
- Awarded to
- Landlord
- Reason
- Garage remote replacement
Cleaning
- Amount
- $300.00
- Awarded to
- Landlord
- Reason
- Cleaning
Repairs: carpet replacement (limited to excess
- Amount
- $750.00
- Awarded to
- Landlord
- Reason
- Repairs: carpet replacement (limited to excess
Repairs: security system
- Amount
- $838.64
- Awarded to
- Landlord
- Reason
- Repairs: security system
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,261.05
Bond
Landlord $2,960.00
Total payable by Tenant to Landlord
Landlord $2,261.05
Claim types — money lines allowed on this order
Order
- Saphron Kaneri to pay Emerald Proptech Limited T/A Emerald Property Management A $2,261.05 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,960.00 (BN-00083700) immediately apportioned as follows: Emerald Proptech Limited T/A Emerald Property Management A: $2,261.05 Saphron Kaneri: $698.95
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for water rates?
- The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not return the garage remote.
- The amounts ordered are proved.
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 caused relessly, 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.
- The carpets were stained and the security system was intentionally damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- Pursuant to section 49B(3)(a) RTA, I have limited the tenant's liability for the carpet replacement costs to the lesser of the insurance excess.
- Only the amounts ordered are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(3)
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5404488?
The tribunal order states: Saphron Kaneri to pay Emerald Proptech Limited T/A Emerald Property
How much money was awarded in case 5404488?
Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Security System: $838.64 awarded to landlord; Water Rates: $219.41 awarded to landlord
What type of tenancy dispute was case 5404488?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5404488?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13283401-Tenancy_Tribunal_Order.pdf.