What was Tenancy Tribunal case 4689354 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4689354?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4689354?

The dispute type was not classified.

Where can I read the official tribunal order for case 4689354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9589506-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4689354 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4689354?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4689354?

The dispute type was not classified.

Where can I read the official tribunal order for case 4689354?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9589506-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4689354 — Tenancy dispute

Order

The application is dismissed.

Reasons

This matter was heard by me today by telephone. [The landlord/s] attended the hearing. The cell number provided for the respondents in the application was rung twice but both times the call was not answered.
The issue of whether the Tribunal has the jurisdiction to hear the claim needs to be determined before the amounts claimed care considered. Background
[The landlord/s] entered into a tenancy agreement with her grandson, [Tenant 1], on 16 June 2017. In April 2023, when [Tenant 2] was visiting [Tenant 1] at the property there was an altercation with others who came to the premises. The police were called and both [Tenant 1] and [Tenant 2] were arrested and incarcerated prior to a court appearance. [Tenant 2] was bailed to the tenancy address, however [Tenant 1] was not and spent some time in jail before being bailed to [The landlord/s]’s home address.
[The landlord/s] was not asked if [Tenant 2] could be bailed to her property; she says the police told her that her grandson had given his permission for [Tenant 2] to be there. Before the hearing [Tenant 2] had left the tenancy premises and her grandson has moved back into the tenancy premises.
[The landlord/s] seeks rent from [Tenant 2] for the time he was there and compensation for damage to walls in the hall and a corner post on the front fence. [The landlord/s] has also brought her application against [Tenant 2]’s partner, whose first name is [Tenant 2’ partner] but she does not know her last name.

Does the Tribunal have jurisdiction to hear the claim?

The Tribunal has jurisdiction to hear disputes between landlords and tenants provided the dispute relates to a tenancy to which the Residential Tenancies Act 1986 (RTA) applies (Section 77(1), RTA).
In relation to any residential premises 1 : •‘Tenancy’, means the right to occupy premises (whether exclusively or otherwise) in consideration for rent. •‘Tenancy agreement’ 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;” •“Landlord” means the grantor of a tenancy of the premises under the agreement, and •“Tenant” means the grantee of the tenancy.
In this case [The landlord/s] had no intention of granting a tenancy to [Tenant 2], and he had no intention of being [The landlord/s]’s tenant. [Tenant 2] was there because he was bailed to that address by the District Court.
As the essential elements required are missing for there to be a tenancy I find that in this instance there is no tenancy in place between [The landlord/s] and [Tenant 2] or [Tenant 2’s partner] to which the RTA applies. Accordingly the claim is dismissed.
This does not prevent [The landlord/s] from pursuing a claim for compensation from her grandson, in his role as her tenant in the event that he did agree for [Tenant 2] to be bailed to this address 2 or from pursuing other avenues such as a Disputes Tribunal claim. 1 As defined in section 2, RTA 2 Section 41, RTA provides that a tenant shall be responsible for anything done or omitted to be done by any person who is in the premises with the tenant’s permission if the act or omission constitutes a breach of the tenancy agreement of the RTA.

Reasons

This matter was heard by me today by telephone. [The landlord/s] attended the hearing. The cell number provided for the respondents in the application was rung twice but both times the call was not answered.

The issue of whether the Tribunal has the jurisdiction to hear the claim needs to be determined before the amounts claimed care considered. Background

[The landlord/s] entered into a tenancy agreement with her grandson, [Tenant 1], on 16 June 2017. In April 2023, when [Tenant 2] was visiting [Tenant 1] at the property there was an altercation with others who came to the premises. The police were called and both [Tenant 1] and [Tenant 2] were arrested and incarcerated prior to a court appearance. [Tenant 2] was bailed to the tenancy address, however [Tenant 1] was not and spent some time in jail before being bailed to [The landlord/s]’s home address.

[The landlord/s] was not asked if [Tenant 2] could be bailed to her property; she says the police told her that her grandson had given his permission for [Tenant 2] to be there. Before the hearing [Tenant 2] had left the tenancy premises and her grandson has moved back into the tenancy premises.

[The landlord/s] seeks rent from [Tenant 2] for the time he was there and compensation for damage to walls in the hall and a corner post on the front fence. [The landlord/s] has also brought her application against [Tenant 2]’s partner, whose first name is [Tenant 2’ partner] but she does not know her last name.

Does the Tribunal have jurisdiction to hear the claim?

The Tribunal has jurisdiction to hear disputes between landlords and tenants provided the dispute relates to a tenancy to which the Residential Tenancies Act 1986 (RTA) applies (Section 77(1), RTA).

In relation to any residential premises 1 : •‘Tenancy’, means the right to occupy premises (whether exclusively or otherwise) in consideration for rent. •‘Tenancy agreement’ 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;” •“Landlord” means the grantor of a tenancy of the premises under the agreement, and •“Tenant” means the grantee of the tenancy.

In this case [The landlord/s] had no intention of granting a tenancy to [Tenant 2], and he had no intention of being [The landlord/s]’s tenant. [Tenant 2] was there because he was bailed to that address by the District Court.

As the essential elements required are missing for there to be a tenancy I find that in this instance there is no tenancy in place between [The landlord/s] and [Tenant 2] or [Tenant 2’s partner] to which the RTA applies. Accordingly the claim is dismissed.

This does not prevent [The landlord/s] from pursuing a claim for compensation from her grandson, in his role as her tenant in the event that he did agree for [Tenant 2] to be bailed to this address 2 or from pursuing other avenues such as a Disputes Tribunal claim. 1 As defined in section 2, RTA 2 Section 41, RTA provides that a tenant shall be responsible for anything done or omitted to be done by any person who is in the premises with the tenant’s permission if the act or omission constitutes a breach of the tenancy agreement of the RTA.

Tenancy Tribunal case 4689354 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4689354 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claim?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Does the Tribunal have jurisdiction to hear the claim?

Topics & place

Residential Tenancies Act sections

Frequently asked questions