What was Tenancy Tribunal case 4904733 about?

The tribunal order states: The applications are struck out for lack of jurisdiction.

How much money was awarded in case 4904733?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4904733?

The dispute type was not classified.

Where can I read the official tribunal order for case 4904733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10729932-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4904733 about?

The tribunal order states: The applications are struck out for lack of jurisdiction.

How much money was awarded in case 4904733?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4904733?

The dispute type was not classified.

Where can I read the official tribunal order for case 4904733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10729932-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4904733 — Tenancy dispute

Tenantcheck Insights

Reasons

Neither party attended the hearing at the scheduled hearing time.

[Tenant 1]’s attendance had been excused by the Tribunal before the hearing.

[Tenant 2] presented to the Tribunal hearing room after the scheduled hearing time and after I had recorded a decision striking out the claims for lack of jurisdiction.

These applications are cross claims between co-tenants. One of the tenants withdrew from the tenancy under s56B to 56E Residential Tenancies Act 1986. They are now attempting to bring claims against each other in this Tribunal.

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

This Tribunal does not have jurisdiction to hear claims between co-tenants. The Tribunal file records that [Tenant 2] was contacted by Tenancy Services on 17 July to clarify her claims. The file note records that [Tenant 2] confirmed that she was claiming against an ex-flatmate. The note also records that [Tenant 2] was advised that this application may not be covered by the RTA, but that she wanted to proceed with the application.

The application was set down for a hearing in relation to jurisdiction. I issued directions to the parties in anticipation of the hearing as follows: “The adjudicator has reviewed the file. This appears to be a claim between co-tenants. The Tenancy Tribunal can only consider claims between Landlords and Tenants. This tribunal does not have jurisdiction to hear claims between co-tenants. [Tenant 2] may wish to take some advice and reconsider her claim. In particular, she must clearly set out what she is claiming from the Landlord (if anything), and why by 5pm on Friday, 16 August 2024. The tribunal will then make further directions. At this stage the hearing will take place on 20 August 2024 but will be limited to considering jurisdictional issues only.”

[Tenant 2] did not comply with the directions.

I have reviewed the documents submitted by both parties. Neither party has identified any claim against the landlord. It is very clear from the documents that these are claims between co-tenants or flatmates. The issues raised are well outside of the jurisdiction of this Tribunal.

The claims are struck out for lack of jurisdiction.

As these applications arise from a withdrawal from the tenancy under s56B to 56E RTA, I have supressed both parties’ details.

Reasons

Neither party attended the hearing at the scheduled hearing time.

[Tenant 1]’s attendance had been excused by the Tribunal before the hearing.

[Tenant 2] presented to the Tribunal hearing room after the scheduled hearing time and after I had recorded a decision striking out the claims for lack of jurisdiction.

[Tenant 2] did not comply with the directions.

The claims are struck out for lack of jurisdiction.

As these applications arise from a withdrawal from the tenancy under s56B to 56E RTA, I have supressed both parties’ details.

Tenancy Tribunal case 4904733 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4904733 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions