Tenantcheck Insights · Case study
Tenancy Tribunal case 4722630 — Tenancy dispute
Decided 13 Feb 2024 · Published 13 Feb 2024 · Application 4722630
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Location
New Zealand
Tribunal region
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.
Reasons
- Both parties attended the hearing. [The landlord/s] and [The landlord’s support person] for the landlord and [Tenant 1] and [Tenant 2].
- [The landlord/s] owns [Tenancy address A] and [Tenancy address B]. She refers to both properties as the “family home”.
- Her son, [Tenant 1], and [Tenant 2] have been in a relationship until recently for about 20 years.
- They lived for a few years in [Tenancy address A].
- In 2019, [Tenant 2] moved to [Tenancy address B] followed soon after by [Tenant 1]. This was with the agreement of [The landlord/s] and her husband (who since passed in October 2019).
- [Tenant 1] and [Tenant 2] have resided at [Tenancy address B] ever since and indicated their intention to continue living together (though separately in the premises).
- Until last year there were no issues with this living arrangement. [Tenant 1] describes it as due to “natural affection” from his father.
- [The landlord/s] agreed when she went [overseas], she would ask her son [Tenant 1] to look after the house at [Tenancy address A]. At least twice [Tenant 1] held power of attorney while [The landlord/s] was out of the country.
- [Tenant 1] expressed his displeasure at the grandchildren’s behaviour and concern about family rivalry.
- Matters deteriorated in mid to late 2023. It is alleged [Tenant 1]’s dog bit [The landlord/s] when she was outside in the garden. [The landlord/s] called out to [Tenant 1] but did not get a response.
- There were other family members at the home, like grandchildren. Things got out of hand and Police were called by [Tenant 2].
- [The landlord/s] required surgery and [Tenant 1] suffered broken ribs. It would seem they have not been able to repair their relationship since that time.
- [The landlord/s] wants to live in peace with her grandchildren. She displayed love and affection for all her family. It would seem [The tenant/s] also want to live in peace.
- The Tenancy Tribunal is able to determine applications relating to tenancy arrangements. Though there is a pro-forma tenancy agreement in this circumstance and rent being paid by [The tenant/s], I consider this is a family arrangement between parents and their children.
- Where a property is principally occupied by a member of an owner’s family, the Tenancy Tribunal does not have jurisdiction to hear or determine any claim. Section 5(1)(n) Residential Tenancies Act 1986 excludes such family arrangements as what [The landlord/s] is seeking from being heard by the Tribunal.
- The application is therefore dismissed for lack of jurisdiction.
- [The landlord/s] also seeks suppression of identifying details in any publication of this order.
- If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
- Having considered the factors in this case which relate to family matters that needs resolving, the Tribunal grants suppression of all the parties names and details.