What was Tenancy Tribunal case 4835681 about?

The tribunal order states: The nature of the relationship between the Applicant and Respondent was

How much money was awarded in case 4835681?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4835681?

The primary dispute was 14-day notice. Related themes: Healthy homes, Exemplary damages, Boarding House.

Where can I read the official tribunal order for case 4835681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10314811-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4835681 about?

The tribunal order states: The nature of the relationship between the Applicant and Respondent was

How much money was awarded in case 4835681?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4835681?

The primary dispute was 14-day notice. Related themes: Healthy homes, Exemplary damages, Boarding House.

Where can I read the official tribunal order for case 4835681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10314811-Tribunal_Order_Redacted.pdf.

34B Riverside Road, Orewa, Orewa 0931 Tenancy Tribunal Case 4835681 — 14-day notice

Tenantcheck Insights

Reasons

[The tenant/s], as well as Mr Bell, all attended the teleconference hearing.

[The tenant/s] have applied for compensation/damages, exemplary damages, refund of the bond, bond not lodged, breach of Healthy Homes Standards and refund of the application fee.

Before the claims can be dealt with, the Tribunal must determine whether it has jurisdiction to hear the claims. The hearing on 9 May 2024 was scheduled only to hear from the parties as to whether the Tribunal has jurisdiction to hear the claims.

Generally, the Tribunal has jurisdiction to hear claims in relation to residential premises. However, the Tribunal does not have jurisdiction in relation to living situations which are excluded from its jurisdiction, pursuant to section 5 Residential Tenancies Act 1986 (“RTA”).

Section 5(1)(n) Residential Tenancies Act 1986 (“RTA”) provides that the Act shall not apply where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family.

[The tenant/s] moved into the property on 13 January 2024, having signed a Flat/House Sharing Agreement with Mr Bell.

Mr Bell said he was the head tenant, as he has his own Tenancy Agreement with the property’s owner, who is his ex-partner who lives overseas.

The parties agreed that [The tenant/s] had two of the bedrooms, a lounge, kitchen and their own bathroom. Mr Bell also lived in a bedroom in the same dwelling. Mr Bell said he did not use the bathroom but usually used the one at his gym and would buy food in daily so he would not need to use the kitchen. [Tenant 2] said Mr Bell would use the main entrance that they used, with his dog.

The parties agreed that their agreement included sharing power and water bills. [Tenant 1] said they had not yet received any such bills from Mr Bell, however.

The parties confirmed they had discussed moving towards a “Rental Agreement” that was to begin on 1 March 2024, whereby [The tenant/s] would have the use of 90% of the property and Mr Bell would still retain his bedroom and live at the property.

[The tenant/s] confirmed that they moved out of the property on 5 February 2024. They said they were asked to leave by Mr Bell. As such, the [The tenant/s] moved out before the “Rental Agreement” was to begin.

Having heard from the parties and reviewed the evidence, I am satisfied that the nature of the arrangement between the parties was a Flatmate/House sharing agreement rather than a tenancy, for the following reasons: a. The parties signed an agreement which is called a flatmate/house sharing agreement. b. That agreement provides that all disputes will be resolved in the Disputes Tribunal not the Tenancy Tribunal. c. The agreement does not accord with tenancy laws, for instance the applicants did not have to give 28 days’ notice, they could leave by giving 14 days’ notice. d. Mr Bell, as the head tenant, with his own Tenancy Agreement with the owner of the property, continued to live at the property in the same dwelling as the applicants during the time the applicants lived at the property. e. The parties agreed they were supposed to share power and water bills.

The applicants can file a claim in the Disputes Tribunal, should they choose to do so. Filing fee

As the applicants’ claim is struck out, I do not order the reimbursement of the filing fee. Suppression

The applicants requested name suppression, whereas the respondent did not request name suppression. As the Tribunal does not have jurisdiction to hear the claims and the claims are struck out, there is no public interest in publication of the applicants’ names. The applicants’ request for suppression is granted. See section 95A(4) RTA.

Reasons

[The tenant/s], as well as Mr Bell, all attended the teleconference hearing.

[The tenant/s] have applied for compensation/damages, exemplary damages, refund of the bond, bond not lodged, breach of Healthy Homes Standards and refund of the application fee.

[The tenant/s] moved into the property on 13 January 2024, having signed a Flat/House Sharing Agreement with Mr Bell.

Mr Bell said he was the head tenant, as he has his own Tenancy Agreement with the property’s owner, who is his ex-partner who lives overseas.

The parties agreed that their agreement included sharing power and water bills. [Tenant 1] said they had not yet received any such bills from Mr Bell, however.

The applicants can file a claim in the Disputes Tribunal, should they choose to do so. Filing fee

As the applicants’ claim is struck out, I do not order the reimbursement of the filing fee. Suppression

Tenancy Tribunal case 4835681 — 14-day notice at 34B Riverside Road, Orewa, Orewa 0931

At a glance

Tenancy Tribunal case 4835681 — 14-day notice at 34B Riverside Road, Orewa, Orewa 0931

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions