What was Tenancy Tribunal case 5004168 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5004168?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5004168?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 5004168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11164030-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5004168 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5004168?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5004168?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 5004168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11164030-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5004168 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details and the tenancy address.
The application is dismissed.

Reasons

[The landlord/s], then [The landlord’s representative], attended the teleconference hearing. Then [The landlord/s] left the hearing and [The landlord’s representative] represented the landlord. The phone numbers for the tenant, the last three digits being 399, 691 and 034 respectively, were called twice each, without any response. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee.

Is this a boarding house tenancy?

At the start of the hearing, the living situation at the tenancy property was discussed with [The landlord’s representative]. She confirmed that the house where the tenancy was could accommodate, and was intended to accommodate, up to 6 tenants at one time, that the tenant had exclusive rights to occupy sleeping accommodation, with an ensuite, and otherwise had shared use of communal facilities at the property, with other tenants, such as kitchen, dining, living room, laundry, garden, toilet and shower (though this tenant had an ensuite with his room). [The landlord’s representative] further explained that the tenancies at the property were intended to last for 28 days or more and most did go for longer than 28 days, though there were a few that lasted less than 28 days. [The landlord’s representative] clarified that no family members of the landlord lived at the property.
Section 66B Residential Tenancies Act 1986 (“RTA”), provides that the definition of ‘boarding house’ means residential premises- a. Containing 1 or more boarding rooms along with facilities for communal use by the tenants of the boarding house; and b. Occupied or intended by the landlord to be occupied, by at least 6 tenants at one time.
The definition of a ‘boarding house tenancy’ in section 66B RTA, means a residential tenancy in a boarding house- a. That is intended to, or that does in fact, last for 28 days or more; and b. Under which the tenant is granted exclusive rights to occupy particular sleeping quarters in the boarding house, and has the right to the shared use of the facilities of the boarding house.
The definition of ‘facilities’ in section 66 B RTA includes toilet and bathroom facilities, cooking facilities, general living, dining or recreational areas, laundry facilities, lifts and stairways, rubbish storage and disposal facilities, communication facilities, lawns, gardens and outhouses and other facilities.
Based on [The landlord’s representative]’s evidence about the living situation in the tenancy, namely that the property was intended to be occupied by at least 6 tenants at one time, notwithstanding there were only 4 tenants there at the time of the hearing, that the tenant had 1 room with facilities for communal use by the tenants of the house, that the tenancies were intended to last for 28 days or more and the tenant was granted exclusive rights to occupy particular sleeping quarters in the house, with the right to shared used of the facilities in the house, I find that this is a boarding house. Abandonment
The landlord said they believed the tenant had abandoned the property and had not paid rent.
Section 61 RTA deals with abandonment of premises but only deals with non- boarding house tenancies. A non-boarding house tenancy would be able to be dealt with by the Tribunal in an application pursuant to section 61 RTA. Part 2A of the RTA deals with boarding house tenancies and sets out a different process for dealing with abandonment in boarding house situations, however.
As such, applications for abandonment of boarding house tenancies must be dealt with pursuant to the process set out in section 66X RTA.
As I have found this tenancy to be a boarding house tenancy, the landlord must deal with the abandonment pursuant to the process set out in section 66X RTA. Therefore, I must dismiss the landlord’s application. Filing fee
As I am dismissing the landlord’s application, I do not award reimbursement of the filing fee, as the landlord has not been successful with the claim. Suppression
As I am dismissing the landlord’s application, I consider it appropriate to grant name suppression to both parties, as I find the parties’ interests outweigh the public interest in publishing their names. Therefore, I order that the parties’ names and identifying details and the tenancy address, are not to be published. See section 95A(4) RTA.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details and the tenancy address.
The application is dismissed.

Reasons

[The landlord/s], then [The landlord’s representative], attended the teleconference hearing. Then [The landlord/s] left the hearing and [The landlord’s representative] represented the landlord. The phone numbers for the tenant, the last three digits being 399, 691 and 034 respectively, were called twice each, without any response. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee.

Is this a boarding house tenancy?

At the start of the hearing, the living situation at the tenancy property was discussed with [The landlord’s representative]. She confirmed that the house where the tenancy was could accommodate, and was intended to accommodate, up to 6 tenants at one time, that the tenant had exclusive rights to occupy sleeping accommodation, with an ensuite, and otherwise had shared use of communal facilities at the property, with other tenants, such as kitchen, dining, living room, laundry, garden, toilet and shower (though this tenant had an ensuite with his room). [The landlord’s representative] further explained that the tenancies at the property were intended to last for 28 days or more and most did go for longer than 28 days, though there were a few that lasted less than 28 days. [The landlord’s representative] clarified that no family members of the landlord lived at the property.
Section 66B Residential Tenancies Act 1986 (“RTA”), provides that the definition of ‘boarding house’ means residential premises- a. Containing 1 or more boarding rooms along with facilities for communal use by the tenants of the boarding house; and b. Occupied or intended by the landlord to be occupied, by at least 6 tenants at one time.
The definition of a ‘boarding house tenancy’ in section 66B RTA, means a residential tenancy in a boarding house- a. That is intended to, or that does in fact, last for 28 days or more; and b. Under which the tenant is granted exclusive rights to occupy particular sleeping quarters in the boarding house, and has the right to the shared use of the facilities of the boarding house.
The definition of ‘facilities’ in section 66 B RTA includes toilet and bathroom facilities, cooking facilities, general living, dining or recreational areas, laundry facilities, lifts and stairways, rubbish storage and disposal facilities, communication facilities, lawns, gardens and outhouses and other facilities.
Based on [The landlord’s representative]’s evidence about the living situation in the tenancy, namely that the property was intended to be occupied by at least 6 tenants at one time, notwithstanding there were only 4 tenants there at the time of the hearing, that the tenant had 1 room with facilities for communal use by the tenants of the house, that the tenancies were intended to last for 28 days or more and the tenant was granted exclusive rights to occupy particular sleeping quarters in the house, with the right to shared used of the facilities in the house, I find that this is a boarding house. Abandonment
The landlord said they believed the tenant had abandoned the property and had not paid rent.
Section 61 RTA deals with abandonment of premises but only deals with non- boarding house tenancies. A non-boarding house tenancy would be able to be dealt with by the Tribunal in an application pursuant to section 61 RTA. Part 2A of the RTA deals with boarding house tenancies and sets out a different process for dealing with abandonment in boarding house situations, however.
As such, applications for abandonment of boarding house tenancies must be dealt with pursuant to the process set out in section 66X RTA.
As I have found this tenancy to be a boarding house tenancy, the landlord must deal with the abandonment pursuant to the process set out in section 66X RTA. Therefore, I must dismiss the landlord’s application. Filing fee
As I am dismissing the landlord’s application, I do not award reimbursement of the filing fee, as the landlord has not been successful with the claim. Suppression
As I am dismissing the landlord’s application, I consider it appropriate to grant name suppression to both parties, as I find the parties’ interests outweigh the public interest in publishing their names. Therefore, I order that the parties’ names and identifying details and the tenancy address, are not to be published. See section 95A(4) RTA.

Tenancy Tribunal case 5004168 — Rent arrears

At a glance

Tenancy Tribunal case 5004168 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Is this a boarding house tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is this a boarding house tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions