What was Tenancy Tribunal case 4863912 about?

The tribunal order states: The Tribunal has jurisdiction.

How much money was awarded in case 4863912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4863912?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4863912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10447865-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4863912 about?

The tribunal order states: The Tribunal has jurisdiction.

How much money was awarded in case 4863912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4863912?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4863912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10447865-Tribunal_Order_Redacted.pdf.

36 Revans Street, Miramar, Wellington 6022 Tenancy Tribunal Case 4863912 — Boarding House

Tenantcheck Insights

Reasons

Both parties attended the hearing. The tenants have applied for refund of the bond.

There is a preliminary issue as to whether the Tribunal can hear the claim. The parties signed a house/flat sharing agreement naming Mr Jessup as the head tenant. This means I have to consider if the Tribunal has jurisdiction.

Section 77(1) Residential Tenancies Act 1986 (RTA) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies.

Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded. Section 5 RTA sets out a variety of circumstances where a tenancy is excluded from the Act. Mr Jessup does not live at the house. He is taking rent and providing somewhere for people to live. I cannot see that any of the section 5 exclusions apply here.

Section 10 RTA provides that, where a party to proceedings contends that the Act does not apply, they must establish the facts supporting their contention. In other words, they have the burden of proving the Act does not apply. Mr Jessup’s submission is that he is running a boarding house, but his lawyer said a house sharing agreement specifically excluding the jurisdiction of the RTA was acceptable. I do not agree with this advice.

I find the RTA applies to this living situation and I have jurisdiction to hear the claim. Mr Jessup is advised to seek further legal advice about his responsibilities as a landlord as provided by the RTA.

The landlord won’t agree to refund the bond because of some cardboard left at the end of the tenancy. He has not filed a counterclaim with Tenancy Services.

Section 22B(2) RTA provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.

Because the tenants have wholly succeeded with the claim I must reimburse the filing fee.

The tenants’ application for suppression is allowed because they are the most successful party. I am publishing Mr Jessup’s name and the address of the tenancy premises because it is important that people know that the Tenancy Tribunal has jurisdiction, which means there is public interest. See section 95A RTA.

Reasons

Both parties attended the hearing. The tenants have applied for refund of the bond.

Section 77(1) Residential Tenancies Act 1986 (RTA) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies.

The landlord won’t agree to refund the bond because of some cardboard left at the end of the tenancy. He has not filed a counterclaim with Tenancy Services.

Because the tenants have wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4863912 — Boarding House at 36 Revans Street, Miramar, Wellington 6022

At a glance

Tenancy Tribunal case 4863912 — Boarding House at 36 Revans Street, Miramar, Wellington 6022

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