What was Tenancy Tribunal case 4605609 about?

The tribunal order states: No application for suppression has been made in this case and no

How much money was awarded in case 4605609?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4605609?

The dispute type was not classified.

Where can I read the official tribunal order for case 4605609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9396882-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4605609 about?

The tribunal order states: No application for suppression has been made in this case and no

How much money was awarded in case 4605609?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4605609?

The dispute type was not classified.

Where can I read the official tribunal order for case 4605609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9396882-Tenancy_Tribunal_Order.pdf.

23 Stafford Street, Clive, Clive 4102 Tenancy Tribunal Case 4605609 — Tenancy dispute

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
I am dismissing the tenants’ claims.

Reasons

Both parties attended the hearing.
The tenant is claiming compensation of $19920.39 from the landlord for breaching his obligations as a landlord and as a result incurring mental health treatment costs, storage costs, bond money for new tenancy, difference between rent paid to him and new cost of rent.
I refer to the parties as “tenant” and “landlord” solely for the purposes of convenience in this order. Background:
The property consists of 5 acres, which has a main house, a 2-bedroom unit with a workshop garage attached and a container house.
The property that is the subject of this claim is the 2-bedroom unit with the workshop/garage attached.
The landlord is actually the main tenant for the whole property. The property is owned by Stafford Projects Limited. The landlord has been the long-standing tenant with a residential tenancies’ agreement between himself and Stafford Property Ltd.
The landlord claims that the relationship between the tenant and himself is one of a flatmate and never as a tenant of the 2-bedroom unit. The landlord paid all the electricity bills, LPG refills for the hot water, provided the whiteware and furniture for the tenant and him to use. He maintains the grounds and removed the rubbish.
The tenancy commenced on 13 October 2019 and ended on 12 June 2023.
The tenant says she was a tenant and not a flatmate and that she would never have entered a flatmate arrangement with the landlord.
The tenant accepts there was no written tenancy agreement, that she paid no bond, and that the landlord did live at the unit for a period of time with her at the start of the tenancy.
The primary issue I must determine is whether this was a residential tenancy and if so, does it fall within the jurisdiction of the Residential tenancies Act 1986 (RTA) and the Tribunal. Tenancy/Tenant/tenancy agreement
The RTA section 2 sets out the meaning of the above: A tenant is: -Tenant in relation to any residential premises that are subject of a tenancy agreement, means the grantee of a tenancy of the premises under the agreement and where appropriate, includes: -Prospective tenant/ former tenant/ lawful successor in title, personal representative of a deceased tenant, an agent of the tenant. A tenancy is: -In relation to any residential premises means the right to occupy the premises, whether exclusively or otherwise in consideration for rent and includes any tenancy of residential premises implied or created by any enactment and where appropriate also include a former tenancy. A tenancy agreement is: -Means any express or implied agreement under which any person, for rent grants or agrees to grant to any other person a tenancy of the premises, and where appropriate includes a former tenancy agreement and any variation of a tenancy agreement.
There is no dispute that there was no tenancy agreement between the parties.
The tenant says she became aware of the property for rent through her accountant. She contacted the landlord and she moved into the property.
The landlord used the garage and workshop attached to the unit throughout the tenancy.
The landlord was living in the 2-bedroom unit at the start of the tenancy and remained there in the other bedroom. The tenant says that was just a short term arrangement. The landlord says no she was merely a flatmate living in the next- door bedroom. The landlord did not spend all his time at the unit and did sleep in the container for periods of time.
It is accepted that the landlord and tenant shared the kitchen and bathroom during the tenancy.
The tenant paid the landlord $180-$230 per week in rent, which included the power and water.
The landlord and tenant have provided emails between them during the tenancy where this issue was discussed.
In addition, I have received an email from Mandy Keesing who was another tenant in the main house from April 2019. Ms Keesing states that the tenant moved into the flat which she shared with the landlord. That the tenant was the landlords flatmate and paid him her share of the rent. This is not disputes as the tenant advised the Tribunal that she paid her rent to the landlord, and he paid the owners the rent.
Ms Keesing confirms that the landlord was sleeping in the container unit sometimes but was still using the 2-bedroom unit with the tenant.
It is of note that Ms Keesing confirms that she and her husband resided at the property in the main house, and that she paid her rent directly to Stafford Project Ltd.
I do not find that the tenant had a tenancy agreement with the landlord.
The tenant was a flatmate of the main tenant.
Given my findings I am dismissing the tenants claims as they do not fall within the jurisdiction of the RTA.
The RTA only deals with claims between a landlord and a tenant.
As the tenant has not been successful, I cannot reimburse her filing fee.

Reasons

Both parties attended the hearing.

The tenant is claiming compensation of $19920.39 from the landlord for breaching his obligations as a landlord and as a result incurring mental health treatment costs, storage costs, bond money for new tenancy, difference between rent paid to him and new cost of rent.

I refer to the parties as “tenant” and “landlord” solely for the purposes of convenience in this order. Background:

The property consists of 5 acres, which has a main house, a 2-bedroom unit with a workshop garage attached and a container house.

The property that is the subject of this claim is the 2-bedroom unit with the workshop/garage attached.

The landlord is actually the main tenant for the whole property. The property is owned by Stafford Projects Limited. The landlord has been the long-standing tenant with a residential tenancies’ agreement between himself and Stafford Property Ltd.

The landlord claims that the relationship between the tenant and himself is one of a flatmate and never as a tenant of the 2-bedroom unit. The landlord paid all the electricity bills, LPG refills for the hot water, provided the whiteware and furniture for the tenant and him to use. He maintains the grounds and removed the rubbish.

The tenancy commenced on 13 October 2019 and ended on 12 June 2023.

The tenant says she was a tenant and not a flatmate and that she would never have entered a flatmate arrangement with the landlord.

The tenant accepts there was no written tenancy agreement, that she paid no bond, and that the landlord did live at the unit for a period of time with her at the start of the tenancy.

The primary issue I must determine is whether this was a residential tenancy and if so, does it fall within the jurisdiction of the Residential tenancies Act 1986 (RTA) and the Tribunal. Tenancy/Tenant/tenancy agreement

The RTA section 2 sets out the meaning of the above: A tenant is: -Tenant in relation to any residential premises that are subject of a tenancy agreement, means the grantee of a tenancy of the premises under the agreement and where appropriate, includes: -Prospective tenant/ former tenant/ lawful successor in title, personal representative of a deceased tenant, an agent of the tenant. A tenancy is: -In relation to any residential premises means the right to occupy the premises, whether exclusively or otherwise in consideration for rent and includes any tenancy of residential premises implied or created by any enactment and where appropriate also include a former tenancy. A tenancy agreement is: -Means any express or implied agreement under which any person, for rent grants or agrees to grant to any other person a tenancy of the premises, and where appropriate includes a former tenancy agreement and any variation of a tenancy agreement.

There is no dispute that there was no tenancy agreement between the parties.

The tenant says she became aware of the property for rent through her accountant. She contacted the landlord and she moved into the property.

The landlord used the garage and workshop attached to the unit throughout the tenancy.

The landlord was living in the 2-bedroom unit at the start of the tenancy and remained there in the other bedroom. The tenant says that was just a short term arrangement. The landlord says no she was merely a flatmate living in the next- door bedroom. The landlord did not spend all his time at the unit and did sleep in the container for periods of time.

It is accepted that the landlord and tenant shared the kitchen and bathroom during the tenancy.

The tenant paid the landlord $180-$230 per week in rent, which included the power and water.

The landlord and tenant have provided emails between them during the tenancy where this issue was discussed.

In addition, I have received an email from Mandy Keesing who was another tenant in the main house from April 2019. Ms Keesing states that the tenant moved into the flat which she shared with the landlord. That the tenant was the landlords flatmate and paid him her share of the rent. This is not disputes as the tenant advised the Tribunal that she paid her rent to the landlord, and he paid the owners the rent.

Ms Keesing confirms that the landlord was sleeping in the container unit sometimes but was still using the 2-bedroom unit with the tenant.

It is of note that Ms Keesing confirms that she and her husband resided at the property in the main house, and that she paid her rent directly to Stafford Project Ltd.

I do not find that the tenant had a tenancy agreement with the landlord.

The tenant was a flatmate of the main tenant.

Given my findings I am dismissing the tenants claims as they do not fall within the jurisdiction of the RTA.

The RTA only deals with claims between a landlord and a tenant.

As the tenant has not been successful, I cannot reimburse her filing fee.

Tenancy Tribunal case 4605609 — Tenancy dispute at 23 Stafford Street, Clive, Clive 4102

At a glance

Claims & awards

Tenancy Tribunal case 4605609 — Tenancy dispute at 23 Stafford Street, Clive, Clive 4102

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions