What was Tenancy Tribunal case 4732135 about?

The tribunal order states: The verbal agreement between [The landlord/s] and [The tenant/s] is excluded from the jurisdiction of the Tenancy Tribunal.

How much money was awarded in case 4732135?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4732135?

The dispute type was not classified.

Where can I read the official tribunal order for case 4732135?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9733028-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4732135 about?

The tribunal order states: The verbal agreement between [The landlord/s] and [The tenant/s] is excluded from the jurisdiction of the Tenancy Tribunal.

How much money was awarded in case 4732135?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4732135?

The dispute type was not classified.

Where can I read the official tribunal order for case 4732135?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9733028-Tenancy_Tribunal_Order.pdf.

220 Old Maratoto Road, Hikutaia, RD 4, Paeroa 3674 Tenancy Tribunal Case 4732135 — Tenancy dispute

Tenantcheck Insights

Order

The verbal agreement between [The landlord/s] and [The tenant/s] is excluded from the jurisdiction of the Tenancy Tribunal.

Reasons

Mr Hickman, the applicant, attended the hearing. Mr Carpenter, the respondent, did not appear.
The respondent occupies a paddock at 220 Old Maratoto Road, Hikutaia next to the applicants home and land. The applicant agrees that they have an oral agreement for the respondent to lease it.
The applicant wishes to terminate this arrangement due to the behaviour of the respondent and upon advice from the Police. He does not believe that this is a tenancy and sought a declaration with regard to the jurisdiction of the Tenancy Tribunal.
The applicant said that he received $30,000 for the lease and he was going to get it formally drawn up but that has not happened yet.
The respondent has moved a bus onto the property and is living there along with assorted abandoned cars.
The Residential Tenancies Act 1986, RTA, applies to every tenancy for residential purposes see section 4 RTA.
Residential premises is defined in the RTA as... any premises used or intended for occupation by a person as a place of residence ...whether the occupation is or would be unlawful. Is there a residential tenancy agreement that is subject to the residential tenancies act?
Section 5 RTA sets out circumstances in which the Act does not apply, and the Tribunal does not have jurisdiction. Section 5(1)(t) states: “Where the premises comprise bare land, (with or without facilities) on which the tenant has the right under the tenancy agreement to place or erect a mobile home, caravan or other means of shelter.”
I find that the oral lease is not a residential tenancy agreement, and even if there was one I would find that the agreement was excluded from the Tribunals jurisdiction by section 5(1)(t).The agreement between the parties was for a lease of bare land, which the respondent had the right to erect a means of shelter.

Tenancy Tribunal case 4732135 — Tenancy dispute at 220 Old Maratoto Road, Hikutaia, RD 4, Paeroa 3674

At a glance

Claims & awards

Tenancy Tribunal case 4732135 — Tenancy dispute at 220 Old Maratoto Road, Hikutaia, RD 4, Paeroa 3674

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions