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Tenantcheck Insights · Case study

Tenancy Tribunal case 4615070 — Tenancy dispute in Kilbirnie, Wellington

Decided 29 Aug 2023 · Published 29 Aug 2023 · Application 4615070

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Wellington

Tribunal region

Adjudicator

K Lash

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Tenantcheck Insights · Case study

Tenancy Tribunal case 4615070 — Tenancy dispute in Kilbirnie, Wellington

Decided 29 Aug 2023 · Published 29 Aug 2023 · Application 4615070

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Wellington

Tribunal region

Adjudicator

K Lash

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Order

The application is dismissed.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Reasons

Mr Clarke has applied for his bond to be returned and attended the hearing. There was no appearance for Ms Cherian.
Mr Clarke and Ms Cherian had a flat/house sharing agreement rather than a tenancy agreement. The agreement specifically states that the Dispute Tribunal is to govern any disputes that arose between them.
The Tenancy Tribunal does not have jurisdiction to hear disputes between tenants and flat mates, only between tenants and landlords. The Tribunal accordingly does not have jurisdiction over this agreement and relationship as the parties were flatmates. Accordingly, I dismiss the application for lack of jurisdiction and refer Mr Clarke to the Disputes Tribunal for resolution of his claim.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Wellington

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4615070 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4615070?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4615070?

The dispute type was not classified.

Where can I read the official tribunal order for case 4615070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9350533-Tenancy_Tribunal_Order.pdf.

Order

The application is dismissed.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Reasons

Mr Clarke has applied for his bond to be returned and attended the hearing. There was no appearance for Ms Cherian.
Mr Clarke and Ms Cherian had a flat/house sharing agreement rather than a tenancy agreement. The agreement specifically states that the Dispute Tribunal is to govern any disputes that arose between them.
The Tenancy Tribunal does not have jurisdiction to hear disputes between tenants and flat mates, only between tenants and landlords. The Tribunal accordingly does not have jurisdiction over this agreement and relationship as the parties were flatmates. Accordingly, I dismiss the application for lack of jurisdiction and refer Mr Clarke to the Disputes Tribunal for resolution of his claim.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Wellington

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4615070 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4615070?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4615070?

The dispute type was not classified.

Where can I read the official tribunal order for case 4615070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9350533-Tenancy_Tribunal_Order.pdf.