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Tenantcheck Insights · Case study

Tenancy Tribunal case 4786217 — Tenancy dispute

Decided 18 Apr 2024 · Published 18 Apr 2024 · Application 4786217

Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

New Zealand

Tribunal region

Adjudicator

K Lash

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.

Tenantcheck Insights · Case study

Tenancy Tribunal case 4786217 — Tenancy dispute

Decided 18 Apr 2024 · Published 18 Apr 2024 · Application 4786217

Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

New Zealand

Tribunal region

Adjudicator

K Lash

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 for want of jurisdiction.

Reasons

[The tenant/s] was party to a fixed term tenancy with [The landlord/s] and [The landlord’s former partner].
In December 2023, [The landlord’s former partner] served [The tenant/s] with a Notice of Withdrawal pursuant to section 56B(3)(c) of the Residential Tenancies Act 1986 (RTA). This advised him that she was withdrawing from the tenancy for family violence reasons and as such the last day of the tenancy for her would be 17 December 2023.
Pursuant to section 56B(3)(b) of the RTA, the tenancy continued for [The tenant/s].
[The tenant/s] was subsequently placed in a position of extreme financial difficulty. He challenges the veracity of [The landlord’s former partner]’s claims and the validity of the action she took. There appears to be no issue with the notices she provided being in the approved form.
The Tenancy Tribunal has jurisdiction to determine disputes between landlords and tenants (section 77(1)(a) of the RTA). It does not have jurisdiction to determine disputes between tenants, of which this essentially is.
Further, section 77(7B) of the RTA states that the Tribunal does not have the ability to determine whether [The landlord’s former partner] was the victim of family violence or not.
Accordingly, the Tribunal does not have jurisdiction to address [The tenant/s]’s claim and as such I must dismiss it. He is entitled however to seek redress in the Disputes Tribunal against [The landlord’s former partner].
Given the nature of these proceedings including allegations of family violence, it is appropriate for all party identifying details to be redacted from the published order.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

NO ADDRESS

Residential Tenancies Act sections

s56B(3), s77(1), s77(7B)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4786217 about?

The tribunal order states: The application is dismissed for want of jurisdiction.

How much money was awarded in case 4786217?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4786217?

The dispute type was not classified.

Where can I read the official tribunal order for case 4786217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10211120-Tribunal_Order_Redacted.pdf.