What was the outcome of Tenancy Tribunal case 5066808?

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

How much money was awarded in case 5066808?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5066808?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5066808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11162126-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5066808?

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

How much money was awarded in case 5066808?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5066808?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5066808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11162126-Tenancy_Tribunal_Order.pdf.

14 Chandler Way, Rolleston, Rolleston 7615 Tenancy Tribunal Case 5066808 — Boarding House

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Both parties attended the hearing.

Mr Kebede applied for compensation and return of possessions being stored in a garage at Ms Eldhose’s property.

Ms Eldhose and Mr Kebede were work colleagues. Mr Kebede was apparently having difficulty finding a place to live so, around April 2023, it was agreed that he would move into Ms Eldhose house as a boarder. Ms Eldhose lived at the property with her young son and later also with her parents. No written agreement was entered into, but it was agreed that Mr Kebede would pay $240 per week which included power, internet, and meals (although Mr Kebede later cooked his own meals because he found he could not tolerate Indian food).

In or about late February 2024, Mr Kebede went home to Ethiopia. He returned on 27 August and a dispute arose over payment of rent/storage costs for his possessions left at Ms Eldhose’s property and the return of the possessions. The parties could not resolve the dispute and Mr Kebede filed this claim.

Ms Eldhose claims that the Tribunal does not have jurisdiction to hear the claims.

Does the Tribunal have jurisdiction to hear the claim?

The Tribunal only has jurisdiction to hear disputes between landlords and tenants (or between a landlord and a guarantor of a tenant's obligations) provided the dispute is in relation to a residential tenancy which comes within the Residential Tenancies At 1986 (the Act).

Section 5 of the Act contains a list of occupancies which are excluded from the Act. Included in these occupancies is section 5(1)(n) which states: “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 am satisfied, on the evidence before me, that Mr Kebede’s occupancy falls within the section 5(1)(n) exclusion. Both parties agreed that Mr Kebede was a boarder in Ms Eldhose’s home, and I am satisfied that the principal use of the premises was as a place of residence by her and her family.

The necessary conclusion is that the Tribunal does not have jurisdiction to hear and determine the application and the application is struck out.

Reasons

Both parties attended the hearing.

Mr Kebede applied for compensation and return of possessions being stored in a garage at Ms Eldhose’s property.

Ms Eldhose claims that the Tribunal does not have jurisdiction to hear the claims.

Does the Tribunal have jurisdiction to hear the claim?

The necessary conclusion is that the Tribunal does not have jurisdiction to hear and determine the application and the application is struck out.

Tenancy Tribunal case 5066808 — Boarding House at 14 Chandler Way, Rolleston, Rolleston 7615

At a glance

Tenancy Tribunal case 5066808 — Boarding House at 14 Chandler Way, Rolleston, Rolleston 7615

At a glance

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claim?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claim?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions