What was Tenancy Tribunal case 5272565 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name.

How much money was awarded in case 5272565?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5272565?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5272565?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12026954-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5272565 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name.

How much money was awarded in case 5272565?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5272565?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5272565?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12026954-Tribunal_Order_Redacted.pdf.

24 Holborn Drive, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 5272565 — Boarding House

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The applicant has made an application to the Tribunal but initially requests a determination as to whether the Residential Tenancies Act 1986 (RTA) applies to the respondent’s residential tenancy at 24 Holborn Drive, Stokes Valley.

Section 77(1) RTA provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies. Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded.

Section 5 RTA sets out a variety of circumstances where a tenancy is excluded from the Act. Section 5(1)(n) RTA provides 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.

When determining whether the Act is excluded, the Tribunal considers the substance of the agreement between the parties rather than the labels they have applied. In the present case the parties signed a boarding house agreement, however the premises is not a boarding house.

The premises at 24 Holborn Drive is a house. The owner lives there. At the time the respondent occupied the premises there was also one other person renting a bedroom and using a common area in the house.

The owner used all areas of the house except for the two bedrooms occupied by the renters. The tenants did not have access to the area of the house that included the landlord’s bedroom and study on the ground floor.

I am satisfied from the evidence about the area of the house occupied by the landlord, that the premises was principally occupied as a place of residence by the landlord. Therefore, the respondent’s tenancy was excluded from the provisions of the RTA.

The parties did not contract into the RTA.

The claim is struck out because the Tribunal does not have jurisdiction to hear an application regarding a residential tenancy where the RTA does not apply.

The parties could make an application to the Disputes Tribunal determine their dispute. Name Suppression

The Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (s.95A(4). Because the RTA does not apply in this case against the tenant, it is reasonable to suppress the tenant’s name.

Reasons

Both parties attended the hearing.

The parties did not contract into the RTA.

The claim is struck out because the Tribunal does not have jurisdiction to hear an application regarding a residential tenancy where the RTA does not apply.

The parties could make an application to the Disputes Tribunal determine their dispute. Name Suppression

Tenancy Tribunal case 5272565 — Boarding House at 24 Holborn Drive, Stokes Valley, Lower Hutt 5019

At a glance

Tenancy Tribunal case 5272565 — Boarding House at 24 Holborn Drive, Stokes Valley, Lower Hutt 5019

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions