What was Tenancy Tribunal case 5065848 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 5065848?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5065848?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 5065848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11227089-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5065848 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 5065848?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5065848?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 5065848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11227089-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5065848 — Unit Titles

Tenantcheck Insights

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
By way of declaration, the Tribunal lacks jurisdiction to determine this claim.
The application is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.
The tenant’s claim relates to the actions of the Residents’ Association at the complex these premises are located in. More particularly it relates to what she says was the wrongful towing of her car.
The Resident’s Association appears to be comprised in the [Redacted Resident’s Association].
As an incorporated body, the Residents’ Association is a legal identity that can be a party to proceedings before the Tribunal.
However, the Tribunal’s jurisdiction is limited to determining disputes between landlords and tenants, about residential tenancies (s.77(1) RTA).
There is no landlord/ tenant relationship between the tenant and the Residents’ Association. The tenant is clear that she has no dispute with the landlord.
Had this been a Unit Title development and the Residents’ Association been a Body Corporate constituted under the Unit Tiles Act 2010, the Tribunal would have been able to determine the dispute by s.171 UTA, under which it can determine disputes between an occupier of a unit and a Body Corporate.
The available evidence satisfies me that although the manager for the Residents’ Association is an entity called “Body Corporate Administration”, this is not a unit title development within the UTA, but a townhouse complex with a Residents’ Association formed to regulate and maintain common facilities.
I therefore find that this is not a dispute that the Tribunal has jurisdiction to determine. It is not a finding that the tenant does not have a valid claim but simply that the claim must be determined by another authority such as the Disputes Tribunal.

Tenancy Tribunal case 5065848 — Unit Titles

At a glance

Tenancy Tribunal case 5065848 — Unit Titles

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions