What was Tenancy Tribunal case 4868963 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4868963?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4868963?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4868963?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10328061-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4868963 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4868963?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4868963?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4868963?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10328061-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4868963 — Boarding House

Tenantcheck Insights

Order

The application is dismissed.

Reasons

Only the tenant attended the hearing.
The applicant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled.
The landlord did seek to appear via teleconference, however this application was declined on the basis of the nature of the hearing and the very late application.
In light of that decision, which was communicated to the landlord via the registry, I was concerned that the landlord telephoned the tenant in an effort to attend via the tenant’s phone. This happened prior to the hearing and then there were two further calls in the hearing.
Given how vulnerable this tenant is, such pressure on is inappropriate.
The landlord’s non-appearance at the hearing is grounds, in itself to dismiss the application.
The application would have been dismissed in any event.
Firstly, the landlord described the premises as a boarding house. If that is the case, s55A does not apply as it is excluded by s66A(2)(d) from application to boarding house tenancies.
Finally, in the event this is not a boarding house tenancy, the third notice issued states that the conduct complained of is that the tenant turned off the WiFi. I do not consider this amounts to anti-social behaviour.
The tenant tells me that the WiFi router is located in his room. On the occasion in question the tenant in the next room texted him at 10:49pm asking him to turn the WiFi on. The tenant was asleep and did not get the message until the next morning.
S55A(7)(b) of the Act defines anti-social behaviour as: “...any other act or omission (whether intentional or not), if the act or omission reasonably causes alarm, distress, or nuisance that is more than minor.”
Turning the WiFi off, or not resetting it on request is a minor inconvenience. It does not meet the criteria for an anti-social behaviour notice.
That notice has no effect and cannot be relied on.

Tenancy Tribunal case 4868963 — Boarding House

At a glance

Tenancy Tribunal case 4868963 — Boarding House

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