What was Tenancy Tribunal case 4957473 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 4957473?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4957473?

The dispute type was not classified.

Where can I read the official tribunal order for case 4957473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10941189-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4957473 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 4957473?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4957473?

The dispute type was not classified.

Where can I read the official tribunal order for case 4957473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10941189-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4957473 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held by telephone.

[The applicant/s] is seeking her bond to be returned. She says she moved into the property with a friend but did not like it so gave one week’s notice to leave but they have not been refunded their bond.

[The respondent/s] says this was a flatmate situation as he owns the home with his wife and rents out rooms for a further income. As such he disputes the jurisdiction of the Tribunal.

Does the Tenancy Tribunal have jurisdiction?

The Tribunal’s general jurisdiction, under s77(1) Residential Tenancies Act 1986 (“RTA”) 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 for residence by the landlord, i.e. an owner lives in their own home and rents out rooms to others.

Accordingly, The Tribunal does not have jurisdiction to hear this dispute which should more appropriately be considered within the jurisdiction of the Disputes Tribunal. Therefore, if [The applicant/s] wishes to progress her claim, she would need to file an application in the Disputes Tribunal. Suppression

Given this was purely a jurisdiction matter, it is not proportionate for the parties’ names be publicised. Accordingly, pursuant to s95A of the RTA, I direct that both party identifying details be suppressed.

Reasons

Both parties attended the hearing which was held by telephone.

[The respondent/s] says this was a flatmate situation as he owns the home with his wife and rents out rooms for a further income. As such he disputes the jurisdiction of the Tribunal.

Does the Tenancy Tribunal have jurisdiction?

Tenancy Tribunal case 4957473 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4957473 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Does the Tenancy Tribunal have jurisdiction?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Does the Tenancy Tribunal have jurisdiction?

Topics & place

Residential Tenancies Act sections

Frequently asked questions