What was Tenancy Tribunal case 4348940 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4348940?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4348940?

The dispute type was not classified.

Where can I read the official tribunal order for case 4348940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8106983-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4348940 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4348940?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4348940?

The dispute type was not classified.

Where can I read the official tribunal order for case 4348940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8106983-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4348940 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended this remote teleconference hearing. For the purposes of simplicity, in this decision I will refer to the parties as “ landlord“ and “tenant”, although for reasons which will quickly become apparent, that is not accurate.

The Tribunal has jurisdiction to hear disputes between landlords and tenants. It does not have jurisdiction to hear disputes between tenants.

At the commencement of the hearing, I was advised by the landlord that this matter has also been set down for hearing in the Disputes Tribunal on the application of the tenant. The tenant said she simply wasn’t sure where to file her application.

The parties entered into a Flat Sharing Agreement on 17 October 2021.That agreement recorded that the parties were tenants and that the Residential Tenancies Act 1986 did not apply and that in the event of a dispute between them, the matter should be referred to the Disputes Tribunal. That agreement clearly set out the intentions of the parties at the start of the “tenancy” but is not by itself determinative. I am required to look beyond the wording in the agreement and look at the living arrangements.

The tenant advised me that the premises consisted of a large 6-bedroom house. Both parties lived at the house along with others. The tenant had exclusive use of her bedroom and joint use of the communal areas of the house (kitchen, lounge, washhouse etc).

[The “landlord”] is not the owner of the premises, nor is she what is termed a “sub landlord”.

The tenant has described what is essentially a flatting situation. The Tribunal does not have jurisdiction and the application is dismissed.

In the circumstances and given the legitimate confusion of the parties, I order name suppression for them both.

Reasons

The Tribunal has jurisdiction to hear disputes between landlords and tenants. It does not have jurisdiction to hear disputes between tenants.

[The “landlord”] is not the owner of the premises, nor is she what is termed a “sub landlord”.

The tenant has described what is essentially a flatting situation. The Tribunal does not have jurisdiction and the application is dismissed.

In the circumstances and given the legitimate confusion of the parties, I order name suppression for them both.

Tenancy Tribunal case 4348940 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4348940 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Frequently asked questions

Order

Reasons

Topics & place

Frequently asked questions