Tenantcheck Insights · Case study
Tenancy Tribunal case 4733730 — Tenancy dispute at Unit/Flat 315, 8 Heather Street, Parnell, Auckland 1052
Decided 7 Feb 2024 · Published 7 Feb 2024 · Application 4733730
At a glance
Key facts from the published tribunal order.
Location
Auckland
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
- This application is struck out for lack of jurisdiction.
Reasons
- This application was scheduled to be heard by video conference. Quest Apartment Hotels (NZ) Limited did not connect to the conference and so the hearing proceeded in its absence.
- The application was struck out because the Tenancy Tribunal does not have jurisdiction to hear this matter.
- The Tenancy Tribunal has the jurisdiction to hear claims arising from the Residential Tenancies Act 1986 (RTA). Section 5 of the RTA provides that the RTA does not apply to premises which are commercial premises, or where the tenancy agreement is entered into to enable a tenant (the sublandlord) to sublet to provide accommodation to other people for commercial gain.
- It is apparent that the unit which is the subject of this claim is a room which the respondent lets out to others for commercial gain. This precludes the matter from being heard by the Tenancy Tribunal.
- I note too that the agreement is described as a Lease, rather than a Residential Tenancy Agreement. It has the features of a commercial lease.
- For these reasons I am striking out the application. C ter Haar 07 February 2024