What was Tenancy Tribunal case 4990888 about?

The tribunal order states: The application is struck out for lack of jurisdiction.

How much money was awarded in case 4990888?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4990888?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4990888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11046512-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4990888 about?

The tribunal order states: The application is struck out for lack of jurisdiction.

How much money was awarded in case 4990888?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4990888?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4990888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11046512-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4990888 — Boarding House

Tenantcheck Insights

Reasons

Both parties attended the hearing held remotely today.

The tenant has made an application to the Tribunal relating to a period of time when he rented a room from the landlord. He no longer lives at the tenancy address.

There was no written agreement between the parties.

Does the Residential Tenancies Act 1986 apply?

Both the tenant and the landlord confirmed during the hearing that:- a. The tenant lived at the above address and paid rent to the landlord, and b. The landlord also lived at that same address in the same house at the same time as the tenant, and c. The tenant had his own bedroom (of a total of two bedrooms) and other facilities were shared by the landlord and tenant.

The Residential Tenancies Act 1986 (RTA) does not apply in these circumstances. This means that the Tenancy Tribunal has no power to make decisions in this dispute.

This type of situation is excluded from the RTA by section 5(1)(n) RTA which says that the Act does not apply:- where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family.

I have made an order striking out the application.

The applicant may be able to make an application to the Disputes Tribunal on the basis that the parties were flatmates. There is information available at www.disputestribunal.govt.nz and the Citizens Advice Bureau may also be useful. The claims

Both parties have provided evidence and some of this relates to the claim that the respondent owes the applicant money for bond and rent. This was discussed briefly. The respondent said he has refunded the applicant:- a. $217.00 which is the bond of $350.00 minus 50% of the last power and internet bill (because he says the parties agreed to share utility expenses). The last power bill was $166.42 and the last internet bill was $101.00 which is a total of $266.42 (these are shown on the document called “Figures” at Figure 9). Half of these bills is $133.00. b. $175.00 for rent paid by the tenant on 20/08/2024, for rent from 27/08/2024 to 2/09/2024. Refunded because the tenant moved out on 25/08/2024. c. $175.00 for rent paid by the tenant on 26/08/2024. Refunded because the tenant moved out on 25/08/2024.

I make no decisions on the above evidence. I include it in case it is of assistance to the parties. Suppression of names

I suppress both parties’ names from the published order. The dispute has not been heard so no decisions have been made. The parties’ privacy outweighs any public interest in their identities.

Reasons

Both parties attended the hearing held remotely today.

The tenant has made an application to the Tribunal relating to a period of time when he rented a room from the landlord. He no longer lives at the tenancy address.

There was no written agreement between the parties.

Does the Residential Tenancies Act 1986 apply?

The Residential Tenancies Act 1986 (RTA) does not apply in these circumstances. This means that the Tenancy Tribunal has no power to make decisions in this dispute.

I have made an order striking out the application.

I make no decisions on the above evidence. I include it in case it is of assistance to the parties. Suppression of names

I suppress both parties’ names from the published order. The dispute has not been heard so no decisions have been made. The parties’ privacy outweighs any public interest in their identities.

Tenancy Tribunal case 4990888 — Boarding House

At a glance

Tenancy Tribunal case 4990888 — Boarding House

At a glance

Claims & awards

Order

Reasons

Does the Residential Tenancies Act 1986 apply?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Residential Tenancies Act 1986 apply?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions