What was Tenancy Tribunal case 4953858 about?

The tribunal order states: The Tribunal orders suppression of all names and identifying details.

How much money was awarded in case 4953858?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4953858?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4953858?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10749370-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4953858 about?

The tribunal order states: The Tribunal orders suppression of all names and identifying details.

How much money was awarded in case 4953858?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4953858?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4953858?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10749370-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4953858 — Rent arrears

Order

The Tribunal orders suppression of all names and identifying details.
By way of declaration, the Tenancy Tribunal does not have jurisdiction over the relationship or agreement between the parties.
The application is struck out.

Reasons

Both parties attended the hearing which was conducted via teleconference.
The landlord sought termination for rent arrears. The first matter to resolve was jurisdiction.

Does the Tenancy Tribunal have jurisdiction?

The Tribunal’s general jurisdiction, under s77(1) of the 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. Section 5(n) specifically excludes arrangements where the premises are being used primarily as a residence by the landlord or family. Does the arrangement fall under s 5(n)?
The applicant claimed the respondents were lodgers under a verbal agreement. He is the sole Registered Owner of the premises, but [The respondent] claims a family relationship and she has registered a claim of interest against the title pursuant to the Property (Relationships) Act 1976, effective 23 July 2024.
I was provided a copy of the applicant’s Will from September 2021. In that Will, he appoints [The respondent] (described as “his partner”) as his Executor and Trustee. The second respondent is described as his step-son in the same document.
A lawyer’s letter of engagement was sent to both [The applicant] and [The respondent] at this premises address (letter as provided is undated but refers to a house purchase agreement by them dated 7 August 2019). It was for another property in the same street.
There are current proceedings between the parties in the Family Court and several orders have been made by that court. On 26 July 2024 a temporary occupation order (under the Family Violence Act 2018) was made at the Family Court at [Event location suppressed]. [The respondent] was the applicant, and the order entitles her to personally occupy the premises. This order, without any respondent action, will convert to a final order three months after 26 July 2024.
[The respondent] is making some contribution to the costs at the premises but [The applicant] states that is insufficient to cover all costs.
This is an unfortunate situation that is yet to reach a conclusion. I consider the appropriate jurisdiction is the Family Court and the relationship between the respondent and application here is best categorised as family, albeit it fractured at present.
Having considered this situation I am satisfied, at this time, it clearly falls within the exception detailed in s 5(n) of the RTA.
Therefore, this Tribunal cannot consider a claim for termination or rent arrears due to a lack of jurisdiction and the application must be struck out. Suppression
Section 95A of the RTA requires the Tribunal to suppress a party’s name or identifying details if that party was “wholly or substantially” successful and allows discretion if in the public interest to do so. Given the ongoing matters with the Family Court it is appropriate to suppress the parties’ details here.

Order

The Tribunal orders suppression of all names and identifying details.
By way of declaration, the Tenancy Tribunal does not have jurisdiction over the relationship or agreement between the parties.
The application is struck out.

Reasons

Both parties attended the hearing which was conducted via teleconference.
The landlord sought termination for rent arrears. The first matter to resolve was jurisdiction.

Does the Tenancy Tribunal have jurisdiction?

The Tribunal’s general jurisdiction, under s77(1) of the 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. Section 5(n) specifically excludes arrangements where the premises are being used primarily as a residence by the landlord or family. Does the arrangement fall under s 5(n)?
The applicant claimed the respondents were lodgers under a verbal agreement. He is the sole Registered Owner of the premises, but [The respondent] claims a family relationship and she has registered a claim of interest against the title pursuant to the Property (Relationships) Act 1976, effective 23 July 2024.
I was provided a copy of the applicant’s Will from September 2021. In that Will, he appoints [The respondent] (described as “his partner”) as his Executor and Trustee. The second respondent is described as his step-son in the same document.
A lawyer’s letter of engagement was sent to both [The applicant] and [The respondent] at this premises address (letter as provided is undated but refers to a house purchase agreement by them dated 7 August 2019). It was for another property in the same street.
There are current proceedings between the parties in the Family Court and several orders have been made by that court. On 26 July 2024 a temporary occupation order (under the Family Violence Act 2018) was made at the Family Court at [Event location suppressed]. [The respondent] was the applicant, and the order entitles her to personally occupy the premises. This order, without any respondent action, will convert to a final order three months after 26 July 2024.
[The respondent] is making some contribution to the costs at the premises but [The applicant] states that is insufficient to cover all costs.
This is an unfortunate situation that is yet to reach a conclusion. I consider the appropriate jurisdiction is the Family Court and the relationship between the respondent and application here is best categorised as family, albeit it fractured at present.
Having considered this situation I am satisfied, at this time, it clearly falls within the exception detailed in s 5(n) of the RTA.
Therefore, this Tribunal cannot consider a claim for termination or rent arrears due to a lack of jurisdiction and the application must be struck out. Suppression
Section 95A of the RTA requires the Tribunal to suppress a party’s name or identifying details if that party was “wholly or substantially” successful and allows discretion if in the public interest to do so. Given the ongoing matters with the Family Court it is appropriate to suppress the parties’ details here.

Tenancy Tribunal case 4953858 — Rent arrears

At a glance

Tenancy Tribunal case 4953858 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Does the Tenancy Tribunal have jurisdiction?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Tenancy Tribunal have jurisdiction?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions