What was Tenancy Tribunal case 4902234 about?

The tribunal order states: By way of declaration, it is noted that the Tenancy Tribunal does not have

How much money was awarded in case 4902234?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4902234?

The dispute type was not classified.

Where can I read the official tribunal order for case 4902234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644225-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4902234 about?

The tribunal order states: By way of declaration, it is noted that the Tenancy Tribunal does not have

How much money was awarded in case 4902234?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4902234?

The dispute type was not classified.

Where can I read the official tribunal order for case 4902234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644225-Tribunal_Order_Redacted.pdf.

suppressed] Tenancy Tribunal Case 4902234 — Tenancy dispute

Order

By way of declaration, it is noted that the Tenancy Tribunal does not have jurisdiction over the relationship or agreement between the parties.

Reasons

Both parties attended the hearing which was held by teleconference.
[The applicant/s] brings claims against [representative] as representative for [The respondent/s].
Between 2 February and 13 June 2024, [The applicant/s] resided at this property. He had signed a Flat/house sharing agreement on 31 January in order to do so. [The representative/s] had liaised with him to do so advising [The applicant/s] 1 that he was the property manager.
[The representative/s] is a friend of [The respondent/s] aunty. [The respondent/s] being young required his assistance to arrange his flatmates and he has been helping him 2 since [The respondent/s] moved into the property approximately three years ago. [Owner] is the owner of the property. There is no evidence available regarding [Owner] relationship with [The respondent/s] that established this situation.
The relationship between [The applicant/s] and [The respondent/s] and the other flatmates deteriorated several months into the arrangement. Events came to a head when he was given notice to leave 3 and subsequently issued with a 1 By email of 28 January 2024 2 For free Trespass Notice. 4 It is primarily regarding those events that [The applicant/s] seeks relief.
Given the existence of the House Sharing Agreement, the first question before the Tribunal is whether there is jurisdiction to determine [The applicant/s] claims.
The Tribunal’s general jurisdiction, under s77(1) Residential Tenancies Act 1986 (“RTA”) is to: “...determine in accordance with this Act any dispute that— (a) exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and (b) relates to any tenancy to which this Act applies or to which this Act did apply at any material time.”
Section 2 RTA provides that a “landlord” and “tenant” are respectively grantor and grantee of a tenancy. “...tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment...” rent, means any money, goods, services, or other valuable consideration in the nature of rent to be paid or supplied under a tenancy agreement by the tenant; but does not include any sum of money payable or paid by way of bond”
Section 5 of the RTA details exclusions to the RTA. S5(n) specifically excludes arrangements where the premises are being used for residence by the landlord. Such a situation may be one where a tenant has flatmates to help them pay the rent.
In the District Court decision of Musson v Dobrisek, Catley and Low (CIV 2006- 032-36, Judge Broadmore stated, while excluding flatmate relationships from being under the jurisdiction of the Tenancy Tribunal, that “...the use of the word “flatmate” does not in itself define the nature of the legal relationship between a flatmate and any landlord”....By "flatmates" I understand a co-operative arrangement whereby, in a functional sense, all occupants are on the same footing in that they have exclusive occupation of their own rooms and shared use and occupation of common areas such as kitchens."
Accordingly, The Tribunal does not have jurisdiction to hear disputes between tenants and flat mates, only between tenants and landlords. 3 By email 23 May 2024 4 9 June 2024
Having considered the submissions of the parties, I am satisfied that this arrangement between [The respondent/s] (as represented by [The representative]) and [The applicant/s] was a flat sharing arrangement and as such comes within the definition of section 5(n) of the RTA. [The applicant/s] paid rent to [The respondent/s] who lived in the house with him. [The respondent/s] remained responsible for the property as a whole to [owner]. All flatmates shared the property under a cooperative arrangement but had exclusive occupational rights to their own rooms.
I therefore must uphold the House Sharing agreement the parties have signed.
As such an 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 his claims, he 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 s95A of the RTA, I direct that both party details be suppressed.

Reasons

Both parties attended the hearing which was held by teleconference.

[The applicant/s] brings claims against [representative] as representative for [The respondent/s].

Between 2 February and 13 June 2024, [The applicant/s] resided at this property. He had signed a Flat/house sharing agreement on 31 January in order to do so. [The representative/s] had liaised with him to do so advising [The applicant/s] 1 that he was the property manager.

[The representative/s] is a friend of [The respondent/s] aunty. [The respondent/s] being young required his assistance to arrange his flatmates and he has been helping him 2 since [The respondent/s] moved into the property approximately three years ago. [Owner] is the owner of the property. There is no evidence available regarding [Owner] relationship with [The respondent/s] that established this situation.

The relationship between [The applicant/s] and [The respondent/s] and the other flatmates deteriorated several months into the arrangement. Events came to a head when he was given notice to leave 3 and subsequently issued with a 1 By email of 28 January 2024 2 For free Trespass Notice. 4 It is primarily regarding those events that [The applicant/s] seeks relief.

Given the existence of the House Sharing Agreement, the first question before the Tribunal is whether there is jurisdiction to determine [The applicant/s] claims.

The Tribunal’s general jurisdiction, under s77(1) Residential Tenancies Act 1986 (“RTA”) is to: “...determine in accordance with this Act any dispute that— (a) exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and (b) relates to any tenancy to which this Act applies or to which this Act did apply at any material time.”

Section 2 RTA provides that a “landlord” and “tenant” are respectively grantor and grantee of a tenancy. “...tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment...” rent, means any money, goods, services, or other valuable consideration in the nature of rent to be paid or supplied under a tenancy agreement by the tenant; but does not include any sum of money payable or paid by way of bond”

Section 5 of the RTA details exclusions to the RTA. S5(n) specifically excludes arrangements where the premises are being used for residence by the landlord. Such a situation may be one where a tenant has flatmates to help them pay the rent.

In the District Court decision of Musson v Dobrisek, Catley and Low (CIV 2006- 032-36, Judge Broadmore stated, while excluding flatmate relationships from being under the jurisdiction of the Tenancy Tribunal, that “...the use of the word “flatmate” does not in itself define the nature of the legal relationship between a flatmate and any landlord”....By "flatmates" I understand a co-operative arrangement whereby, in a functional sense, all occupants are on the same footing in that they have exclusive occupation of their own rooms and shared use and occupation of common areas such as kitchens."

Accordingly, The Tribunal does not have jurisdiction to hear disputes between tenants and flat mates, only between tenants and landlords. 3 By email 23 May 2024 4 9 June 2024

Having considered the submissions of the parties, I am satisfied that this arrangement between [The respondent/s] (as represented by [The representative]) and [The applicant/s] was a flat sharing arrangement and as such comes within the definition of section 5(n) of the RTA. [The applicant/s] paid rent to [The respondent/s] who lived in the house with him. [The respondent/s] remained responsible for the property as a whole to [owner]. All flatmates shared the property under a cooperative arrangement but had exclusive occupational rights to their own rooms.

I therefore must uphold the House Sharing agreement the parties have signed.

As such an 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 his claims, he 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 s95A of the RTA, I direct that both party details be suppressed.

Tenancy Tribunal case 4902234 — Tenancy dispute at suppressed]

At a glance

Claims & awards

Tenancy Tribunal case 4902234 — Tenancy dispute at suppressed]

At a glance

Claims & awards

Order

Reasons

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Residential Tenancies Act sections

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Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions