What was Tenancy Tribunal case 4750219 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4750219?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4750219?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4750219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9928015-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4750219 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4750219?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4750219?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4750219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9928015-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4750219 — Rent arrears

Order

The application is dismissed.
By way of declaration, it is noted that the Tenancy Tribunal does not have jurisdiction over the relationship or agreement between the parties.
The Tribunal orders suppression of both parties’ names and identifying details.

Reasons

A hearing was held by teleconference on 9 January 2024 and set down to establish jurisdiction. Both parties attended.
[The Applicant/s] is the owner of the property situated at 36 Catkin Crescent, Papatoetoe (“the premises”). As part of a family arrangement, [the Respondent/s] initially resided at the premises for 6 months rent free. [The Respondent/s] is [the Applicant/s] cousin. Following the 6 month period, the parties entered a written “Rental Agreement” for [the Respondent/s] to rent the premises for $460.00 per week with the first payment commencing on 3 April 2020. The agreement was signed by the parties on 24 March 2020. There was no bond required for this agreement.
[The applicant/s] now brings a claim for rent arrears, unpaid water rates and compensation following the end of the tenancy on 11 February 2023.
However, before the Tribunal can consider [the Applicant/s] specific claims, the Tribunal had to firstly determine whether or not the Tenancy Tribunal had the jurisdiction to hear this matter.

Is this a residential tenancy that falls within the jurisdiction of the Tenancy Tribunal?

Section 5(1)(n) of the Residential Tenancies Act 1986 (the RTA) excludes this Tribunal from having any jurisdiction (legal ability) to make any orders about living arrangements where the property is occupied by "family members" which includes (for these purposes) any person “who is or has been related (whether by blood or marriage or adoption) to the landlord or owner ...and is residing, or is to reside, in the landlord’s or owner’s premises in accordance with an arrangement between that person and the landlord or the owner of a predominantly domestic or family nature rather than a predominantly commercial nature”. See also section 2(f) RTA.
Section 8 RTA enables parties to a tenancy that would otherwise be excluded from the Act to agree that some or all of the provisions of the RTA will apply to their agreement about occupation of the property. However, it requires that the agreement be in writing and specify which parts of the RTA will apply and which will not.
In this case, [the Applicant/s] and [the Respondent/s] are cousins. [the Respondent/s] and his wife and family lived at the premises, and as a cousin he falls within the definition of a member of the landlord/owner's family. I find the arrangement was of a predominantly domestic or family nature rather than a predominantly commercial nature. This is supported by the fact that the parties clearly had not agreed at any time that the RTA would apply to their living arrangement, and they have not signed any agreement that it will.
For these reasons, this arrangement is excluded from the jurisdiction of the RTA and the Tenancy Tribunal by virtue of section 5(n) RTA, and therefore the Tribunal does not have the jurisdiction to hear this application.
As this 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 Applicant/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 proportionate that their names be published. Accordingly, pursuant to section 95A of the RTA, I direct that both party details be suppressed.

Order

The application is dismissed.
By way of declaration, it is noted that the Tenancy Tribunal does not have jurisdiction over the relationship or agreement between the parties.
The Tribunal orders suppression of both parties’ names and identifying details.

Reasons

A hearing was held by teleconference on 9 January 2024 and set down to establish jurisdiction. Both parties attended.
[The Applicant/s] is the owner of the property situated at 36 Catkin Crescent, Papatoetoe (“the premises”). As part of a family arrangement, [the Respondent/s] initially resided at the premises for 6 months rent free. [The Respondent/s] is [the Applicant/s] cousin. Following the 6 month period, the parties entered a written “Rental Agreement” for [the Respondent/s] to rent the premises for $460.00 per week with the first payment commencing on 3 April 2020. The agreement was signed by the parties on 24 March 2020. There was no bond required for this agreement.
[The applicant/s] now brings a claim for rent arrears, unpaid water rates and compensation following the end of the tenancy on 11 February 2023.
However, before the Tribunal can consider [the Applicant/s] specific claims, the Tribunal had to firstly determine whether or not the Tenancy Tribunal had the jurisdiction to hear this matter.

Is this a residential tenancy that falls within the jurisdiction of the Tenancy Tribunal?

Section 5(1)(n) of the Residential Tenancies Act 1986 (the RTA) excludes this Tribunal from having any jurisdiction (legal ability) to make any orders about living arrangements where the property is occupied by "family members" which includes (for these purposes) any person “who is or has been related (whether by blood or marriage or adoption) to the landlord or owner ...and is residing, or is to reside, in the landlord’s or owner’s premises in accordance with an arrangement between that person and the landlord or the owner of a predominantly domestic or family nature rather than a predominantly commercial nature”. See also section 2(f) RTA.
Section 8 RTA enables parties to a tenancy that would otherwise be excluded from the Act to agree that some or all of the provisions of the RTA will apply to their agreement about occupation of the property. However, it requires that the agreement be in writing and specify which parts of the RTA will apply and which will not.
In this case, [the Applicant/s] and [the Respondent/s] are cousins. [the Respondent/s] and his wife and family lived at the premises, and as a cousin he falls within the definition of a member of the landlord/owner's family. I find the arrangement was of a predominantly domestic or family nature rather than a predominantly commercial nature. This is supported by the fact that the parties clearly had not agreed at any time that the RTA would apply to their living arrangement, and they have not signed any agreement that it will.
For these reasons, this arrangement is excluded from the jurisdiction of the RTA and the Tenancy Tribunal by virtue of section 5(n) RTA, and therefore the Tribunal does not have the jurisdiction to hear this application.
As this 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 Applicant/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 proportionate that their names be published. Accordingly, pursuant to section 95A of the RTA, I direct that both party details be suppressed.

Tenancy Tribunal case 4750219 — Rent arrears

At a glance

Tenancy Tribunal case 4750219 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Is this a residential tenancy that falls within the jurisdiction of the Tenancy Tribunal?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is this a residential tenancy that falls within the jurisdiction of the Tenancy Tribunal?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions