What was the outcome of Tenancy Tribunal case 4371346?

The tribunal order states: The application is dismissed for lack of jurisdiction.

How much money was awarded in case 4371346?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4371346?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4371346?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9922873-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4371346?

The tribunal order states: The application is dismissed for lack of jurisdiction.

How much money was awarded in case 4371346?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4371346?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4371346?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9922873-Tenancy_Tribunal_Order.pdf.

634 Old Tai Tapu Road, RD 2, Tai Tapu 7672, Plot 1 Tenancy Tribunal Case 4371346 — Exemplary damages

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Reasons

Both parties attended the hearing.

On or about 1 December 2021 the parties entered into an agreement whereby the respondents would lease to the applicant a parcel of land upon which the applicant could place a caravan and use the sheds on the land. A dispute arose between the parties and the applicant filed a claim in the Tribunal for compensation and exemplary damages.

I held a preliminary hearing today to determine whether the Tribunal has jurisdiction to hear the claim.

Does the Tribunal have jurisdiction to hear the claims?

The Tribunal’s jurisdiction is limited to hearing and determining disputes between landlords and tenants (and between landlords and a guarantor of a tenant’s obligations) provided the dispute is in relation to a tenancy that comes within the Residential Tenancies Act 1986 (the Act).

The starting point in answering the question of whether the tenancy comes within the Act is section 4 which provides that the Act applies to all tenancies of residential premises unless specifically excluded.

Section 5(1) sets out occupancies which are excluded from the Act. The relevant one here is section 5(1)(t). Section 5(1)(t) excludes occupancies: “where the premises comprise bare land (with or without facilities) on which the tenant has the right under the tenancy agreement to place or erect a mobile home, caravan, or other means of shelter:”

I have no hesitation in finding that the applicant’s occupancy falls within the section 5(1)(t) exclusion. There was no dispute that the agreement was for the lease of the land and sheds and the applicant then placed a caravan on the property for her use.

Section 8 of the Act provides that the parties to an excluded tenancy can agree in writing that all or any of the provisions of the Act will apply to the occupancy and any such agreement may confer jurisdiction on the Tribunal with respect to the occupancy. However, the parties did not clearly agree as required by section 8. The parties used the standard form residential tenancy agreement found on the Tenancy Services website to record their agreement but there was no clause, special term, or other clear statement in that agreement recording an intention by the parties to contract back into the Act.

This means that the applicant’s occupancy is not one which comes within the Act and the Tribunal has no jurisdiction to hear and determine the application.

The application is therefore dismissed for lack of jurisdiction.

Reasons

Both parties attended the hearing.

I held a preliminary hearing today to determine whether the Tribunal has jurisdiction to hear the claim.

Does the Tribunal have jurisdiction to hear the claims?

This means that the applicant’s occupancy is not one which comes within the Act and the Tribunal has no jurisdiction to hear and determine the application.

The application is therefore dismissed for lack of jurisdiction.

Tenancy Tribunal case 4371346 — Exemplary damages at 634 Old Tai Tapu Road, RD 2, Tai Tapu 7672, Plot 1

At a glance

Tenancy Tribunal case 4371346 — Exemplary damages at 634 Old Tai Tapu Road, RD 2, Tai Tapu 7672, Plot 1

At a glance

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claims?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claims?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions