How much money was awarded in case 4627161?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4627161?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4627161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9290953-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4627161?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4627161?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4627161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9290953-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4627161 — Cleanliness

Q: What was Tenancy Tribunal case 4627161 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties names and identifying details.

By way of declaration, it is noted that the Tenancy Tribunal does not have jurisdiction over the relationship or agreement between the parties.

The application is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.

[The tenant/s] resided in [The landlord/s]’s home from December 2022. Following her departure from the home she has some grievances which need rectifying. Accordingly, she has applied to the Tribunal for relief.

[The landlord/s] disputes the Tribunal’s jurisdiction to hear the claims as she says this was not a residential tenancy but an arrangement of a homeowner, being herself, having a boarder to live with her. Therefore, the primary issue for me is whether the Tenancy Tribunal has jurisdiction over this relationship.

The Tribunal’s general jurisdiction, under s77(1) Residential Tenancies Act 1986 (“RTA”). s to: “...determine in accordance with this Act any dispute that— (a) exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and (b) relates to any tenancy to which this Act applies or to which this Act did apply at any material time.”

Section 2 RTA provides that a “landlord” and “tenant” are respectively grantor and grantee of a tenancy. “...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...” rent, means any money, goods, services, or other valuable consideration in the nature of rent to be paid or supplied under a tenancy agreement by the tenant; but does not include any sum of money payable or paid by way of bond”

Section 5 of the RTA details exclusions to the RTA. S5(1)(n) specifically excludes arrangements where the premises are being used for residence by the landlord.

Having considered the submissions of the parties, as I advised the parties at the hearing, I am satisfied that the arrangement [The tenant/s] and [The landlord/s] had was one of a flatmate situation, or boarding arrangement which specifically falls within the exception enshrined in s5(1)(n of the RTA. I have come to this finding for the following reasons: a. [The landlord/s] resided in the home as the owner for the duration of the occupation. b. The agreement the parties signed is named a flat/house sharing arrangement and the terms are consistent with such an agreement as distinguished from a tenancy agreement. c. The agreement specifically notes that disputes are to be determined by the Disputes Tribunal. d. The parties shared bills, common areas and responsibilities such as cleaning. e. The only areas [The tenant/s] had for her exclusive occupation were her room and ensuite and the parties shared the kitchen/living areas.

As such an arrangement is excluded by the RTA, any disputes arising from this relationship should be determined in the more appropriate jurisdiction of the Disputes Tribunal. Therefore, if [The tenant/s] wishes to progress her claims, she would need to file an application in the Disputes Tribunal. Suppression

Given that neither party was clearly aware of the issues as to jurisdiction, it is not just that their names be published. Accordingly, pursuant to s95A of the RTA, I direct that both party identifying details be suppressed.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties names and identifying details.
By way of declaration, it is noted that the Tenancy Tribunal does not have jurisdiction over the relationship or agreement between the parties.
The application is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.
[The tenant/s] resided in [The landlord/s]’s home from December 2022. Following her departure from the home she has some grievances which need rectifying. Accordingly, she has applied to the Tribunal for relief.
[The landlord/s] disputes the Tribunal’s jurisdiction to hear the claims as she says this was not a residential tenancy but an arrangement of a homeowner, being herself, having a boarder to live with her. Therefore, the primary issue for me is whether the Tenancy Tribunal has jurisdiction over this relationship.
The Tribunal’s general jurisdiction, under s77(1) Residential Tenancies Act 1986 (“RTA”). s to: “...determine in accordance with this Act any dispute that— (a) exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and (b) relates to any tenancy to which this Act applies or to which this Act did apply at any material time.”
Section 2 RTA provides that a “landlord” and “tenant” are respectively grantor and grantee of a tenancy. “...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...” rent, means any money, goods, services, or other valuable consideration in the nature of rent to be paid or supplied under a tenancy agreement by the tenant; but does not include any sum of money payable or paid by way of bond”
Section 5 of the RTA details exclusions to the RTA. S5(1)(n) specifically excludes arrangements where the premises are being used for residence by the landlord.
Having considered the submissions of the parties, as I advised the parties at the hearing, I am satisfied that the arrangement [The tenant/s] and [The landlord/s] had was one of a flatmate situation, or boarding arrangement which specifically falls within the exception enshrined in s5(1)(n of the RTA. I have come to this finding for the following reasons: a. [The landlord/s] resided in the home as the owner for the duration of the occupation. b. The agreement the parties signed is named a flat/house sharing arrangement and the terms are consistent with such an agreement as distinguished from a tenancy agreement. c. The agreement specifically notes that disputes are to be determined by the Disputes Tribunal. d. The parties shared bills, common areas and responsibilities such as cleaning. e. The only areas [The tenant/s] had for her exclusive occupation were her room and ensuite and the parties shared the kitchen/living areas.
As such an arrangement is excluded by the RTA, any disputes arising from this relationship should be determined in the more appropriate jurisdiction of the Disputes Tribunal. Therefore, if [The tenant/s] wishes to progress her claims, she would need to file an application in the Disputes Tribunal. Suppression
Given that neither party was clearly aware of the issues as to jurisdiction, it is not just that their names be published. Accordingly, pursuant to s95A of the RTA, I direct that both party identifying details be suppressed.

Tenancy Tribunal case 4627161 — Cleanliness

At a glance

Claims & awards

Tenancy Tribunal case 4627161 — Cleanliness

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions