What was Tenancy Tribunal case 4611715 about?

The tribunal order states: Suppression of all parties’ names and identifying details.

How much money was awarded in case 4611715?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4611715?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 4611715?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9393107-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4611715 about?

The tribunal order states: Suppression of all parties’ names and identifying details.

How much money was awarded in case 4611715?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4611715?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 4611715?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9393107-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4611715 — Rent arrears

Order

Suppression of all parties’ names and identifying details.
The application is struck out.
If [The landlord/s] wishes to make a claim for possession under section 65 of the Residential Tenancies Act 1986, she must file another application with the Tribunal.

Reasons

[The landlord/s] attended the hearing. The Tribunal called [The tenant/s] 3 times on the number provided but the calls were not answered. The hearing proceeded in her absence.
[The landlord/s] has applied for termination of the tenancy, rent arrears, and compensation for power bills.
[The landlord/s] is the daughter of the tenant [The tenant/s]. Because of the family relationship, the Tribunal must first consider whether or not it has jurisdiction to hear and determine this claim. Background
[The tenant/s] has lived at the premises since 13 June 2017. It is a self-contained unit attached to the main house which is occupied by [The landlord/s]. [The landlord/s] says that she and her late father [redacted], verbally agreed that [The tenant/s] could live at the premises for $200.00 per week paid to [The landlord’s father]. [The landlord’s father] and [The tenant/s] had been separated since 1993. [The landlord’s father] passed away on 5 November 2022 and rent was then paid to [The landlord/s]. [The landlord/s] says she has been subject to abuse from [The tenant/s], and she had to take out a Protection Order on 21 April 2023. [The landlord/s] says that no rent has been paid since then and [The tenant/s] has refused to leave despite repeated requests and being trespassed. [The landlord/s] says that [The tenant/s] has recently been in hospital, and she thinks she has now been bailed to a different address. [The landlord/s] has provided documentation from her solicitor which confirms that the premises were jointly owned by [The landlord’s father] and his daughter [The landlord/s] and upon [The landlord’s father]’s death, ownership passed to [The landlord/s] by survivorship.

Does the Tribunal have jurisdiction to hear the claim?

Section 77(1) Residential Tenancies Act 1986 provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies. Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded.
Section 2(1) RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: residential premises means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful tenancy, 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 includes a former tenancy tenancy agreement, in relation to any residential premises, 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
At first blush it appears that there was a tenancy. The tenant was granted a right to occupy the premises by the landlord in consideration of rent, and there is no question the premises are residential premises.
However, section 5 RTA sets out a variety of circumstances where a tenancy is excluded from the Act. The Tribunal is required to interpret the exemptions strictly and not liberally. Section 5(1)(n) RTA provides that the Act does not apply: where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family.
Section 2(1) RTA provides that a ‘member of the landlord’s or owner’s family’ means anyone who is related by blood, or through marriage, or is a member of their whanau or culturally recognised family group.
The tenant is clearly a member of the landlord’s family as she is the landlord’s mother. Therefore, the premises are principally used by a member of the landlord’s family and the exclusion applies.
Section 8 RTA provides that, where the Act is excluded by sections 5 to 7, if the premises are used for residential purposes, the parties can contract back into some or all of the provisions of the Act.
On 8 June 2017 [The landlord/s] provided a letter to [The tenant/s] to confirm that [The tenant/s] would be renting the premises from 13 June 2017 and paying $200.00 per week for rent. I find that the letter was provided for the purpose of obtaining a benefit from WINZ and there was no clear intention to contract back into the provisions of the RTA.
I therefore find that the Tribunal does not have jurisdiction to hear the matter and the application for termination, rent arrears and compensation for power bills must be struck out.
As discussed with [The landlord/s] at the hearing, it is uncertain whether [The tenant/s] is still occupying the premises. If [The landlord/s] requires an order for possession under section 65 RTA, she must file a new application to the Tribunal.
Section 65 RTA provides that: (1) Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order granting possession of the premises to the applicant. (2) Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises. (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.
As this is a family dispute, it is appropriate to suppress all parties’ names and identifying details.

Order

Suppression of all parties’ names and identifying details.
The application is struck out.
If [The landlord/s] wishes to make a claim for possession under section 65 of the Residential Tenancies Act 1986, she must file another application with the Tribunal.

Reasons

[The landlord/s] attended the hearing. The Tribunal called [The tenant/s] 3 times on the number provided but the calls were not answered. The hearing proceeded in her absence.
[The landlord/s] has applied for termination of the tenancy, rent arrears, and compensation for power bills.
[The landlord/s] is the daughter of the tenant [The tenant/s]. Because of the family relationship, the Tribunal must first consider whether or not it has jurisdiction to hear and determine this claim. Background
[The tenant/s] has lived at the premises since 13 June 2017. It is a self-contained unit attached to the main house which is occupied by [The landlord/s]. [The landlord/s] says that she and her late father [redacted], verbally agreed that [The tenant/s] could live at the premises for $200.00 per week paid to [The landlord’s father]. [The landlord’s father] and [The tenant/s] had been separated since 1993. [The landlord’s father] passed away on 5 November 2022 and rent was then paid to [The landlord/s]. [The landlord/s] says she has been subject to abuse from [The tenant/s], and she had to take out a Protection Order on 21 April 2023. [The landlord/s] says that no rent has been paid since then and [The tenant/s] has refused to leave despite repeated requests and being trespassed. [The landlord/s] says that [The tenant/s] has recently been in hospital, and she thinks she has now been bailed to a different address. [The landlord/s] has provided documentation from her solicitor which confirms that the premises were jointly owned by [The landlord’s father] and his daughter [The landlord/s] and upon [The landlord’s father]’s death, ownership passed to [The landlord/s] by survivorship.

Does the Tribunal have jurisdiction to hear the claim?

Section 77(1) Residential Tenancies Act 1986 provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies. Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded.
Section 2(1) RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: residential premises means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful tenancy, 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 includes a former tenancy tenancy agreement, in relation to any residential premises, 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
At first blush it appears that there was a tenancy. The tenant was granted a right to occupy the premises by the landlord in consideration of rent, and there is no question the premises are residential premises.
However, section 5 RTA sets out a variety of circumstances where a tenancy is excluded from the Act. The Tribunal is required to interpret the exemptions strictly and not liberally. Section 5(1)(n) RTA provides that the Act does not apply: where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family.
Section 2(1) RTA provides that a ‘member of the landlord’s or owner’s family’ means anyone who is related by blood, or through marriage, or is a member of their whanau or culturally recognised family group.
The tenant is clearly a member of the landlord’s family as she is the landlord’s mother. Therefore, the premises are principally used by a member of the landlord’s family and the exclusion applies.
Section 8 RTA provides that, where the Act is excluded by sections 5 to 7, if the premises are used for residential purposes, the parties can contract back into some or all of the provisions of the Act.
On 8 June 2017 [The landlord/s] provided a letter to [The tenant/s] to confirm that [The tenant/s] would be renting the premises from 13 June 2017 and paying $200.00 per week for rent. I find that the letter was provided for the purpose of obtaining a benefit from WINZ and there was no clear intention to contract back into the provisions of the RTA.
I therefore find that the Tribunal does not have jurisdiction to hear the matter and the application for termination, rent arrears and compensation for power bills must be struck out.
As discussed with [The landlord/s] at the hearing, it is uncertain whether [The tenant/s] is still occupying the premises. If [The landlord/s] requires an order for possession under section 65 RTA, she must file a new application to the Tribunal.
Section 65 RTA provides that: (1) Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order granting possession of the premises to the applicant. (2) Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises. (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.
As this is a family dispute, it is appropriate to suppress all parties’ names and identifying details.

Tenancy Tribunal case 4611715 — Rent arrears

At a glance

Tenancy Tribunal case 4611715 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claim?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claim?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions