Tenantcheck Insights · Case study
Tenancy Tribunal case 4990911 — Tenancy dispute at Unit/Flat W11D, 1510 Great North Road, Waterview,
Decided 29 Oct 2024 · Published 29 Oct 2024 · Application 4990911
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- This application is struck out because the Tenancy Tribunal does not have the jurisdiction to hear it.
Reasons
- This application was scheduled to be heard by video conference. The respondent did not link in to the Teams link and when contacted by phone the respondent’s representative elected not to attend the hearing. He stated that the respondent’s position was clearly stated in the documentation that they had sent through.
- The hearing proceeded in the respondent’s absence.
- The Tenancy’s Tribunal jurisdiction is excluded in some situations.
- Section5(h) and 5B of the Residential Tenancies Act 1986, in general, provides that the Residential Tenancies Act 1986 does not apply if, among other things, the premises are used to provide accommodation exclusively for students of 1 or more tertiary providers, and the premises are owned or operated by a tertiary education provider or has entered into a written agreement to do so.
- At today’s hearing Mr Nobbs stated that he had heard that the accommodation that is the subject of this hearing, was also provided to people who were not students.
- However, this is only hearsay evidence and therefore carries no weight in my determination that, looking at the nature of the agreement signed by Mr Nobbs which is entitled a “Licence to Occupy” and refers to such things as semesters and house rules, that this is student accommodation which is explicitly excluded from the Tenancy Tribunal’s jurisdiction by s5(h) and 5B.
- Given that the Tenancy Tribunal does not have the jurisdiction to hear this matter, the claim is struck out. C ter Haar 29 October 2024