How much money was awarded in case 5273780?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5273780?

The dispute type was not classified.

Where can I read the official tribunal order for case 5273780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022471-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5273780?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5273780?

The dispute type was not classified.

Where can I read the official tribunal order for case 5273780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022471-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5273780 — Tenancy dispute

Q: What was Tenancy Tribunal case 5273780 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s names and identifying details.
The application to the Tribunal is struck out on the papers (s.93AB Residential Tenancies Act 1986) as the Tribunal does not have jurisdiction to deal with the dispute.

Reasons

All parties in this matter were tenants of premises at [Tenancy address suppressed] (“the premises”).
The fixed term tenancy commenced on 24 February 2025 and is to end on 21 February 2026. All parties are signatories to that tenancy agreement.
Four of the tenants, (“the remaining tenants”) claim that the departing tenant has; • Left the tenancy. • Has failed to pay rent.
There is a preliminary issue whether the Tribunal can hear the claim. Section 77(1) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies.
Section 2(1) RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: residential premises means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful. tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy. tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement.
None of the parties to this application fall within the definition of a landlord. The remaining tenants are not the grantor of the tenancy. The Tribunal does not have the jurisdiction to consider the application by the remaining tenants. The Disputes Tribunal does have jurisdiction to consider the matter.
Section 91 AB RTA states; (1) Despite anything to the contrary elsewhere in this Act, the Tribunal may decide a proceeding on the papers if the Tribunal considers it appropriate, except in the circumstances set out in subsection (2). (2) the tribunal must not decide a proceeding on the papers if the proceeding involves- (a) the termination of a tenancy; or (b) a landlord’s entry to the premises under section 48 or entry to a boarding room under section 66 R. (3) Before deciding a proceeding on the papers, the Tribunal must have regard to any views that may be provided by the parties on whether the proceeding should be dealt with on the papers. (4) The section does not apply if section 91 AA applies.”
The Tribunal may make a decision on the papers in this matter as the proceeding does not involve termination of the tenancy or a landlords entry to premises.
The Tribunal invited the parties to provide their views on this matter being considered on the papers. The remaining tenants were adamant that the matter should be heard at a full hearing, but failed to address the issue of the Tribunal's jurisdiction to deal with the matter.
The Tribunal has no power to deal with this application and the matter is struck out on the papers.
There is no public interest in this matter and name suppression is ordered for all parties.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s names and identifying details.

The application to the Tribunal is struck out on the papers (s.93AB Residential Tenancies Act 1986) as the Tribunal does not have jurisdiction to deal with the dispute.

Reasons

All parties in this matter were tenants of premises at [Tenancy address suppressed] (“the premises”).

The fixed term tenancy commenced on 24 February 2025 and is to end on 21 February 2026. All parties are signatories to that tenancy agreement.

Four of the tenants, (“the remaining tenants”) claim that the departing tenant has; • Left the tenancy. • Has failed to pay rent.

There is a preliminary issue whether the Tribunal can hear the claim. Section 77(1) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies.

Section 2(1) RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: residential premises means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful. tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy. tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement.

None of the parties to this application fall within the definition of a landlord. The remaining tenants are not the grantor of the tenancy. The Tribunal does not have the jurisdiction to consider the application by the remaining tenants. The Disputes Tribunal does have jurisdiction to consider the matter.

Section 91 AB RTA states; (1) Despite anything to the contrary elsewhere in this Act, the Tribunal may decide a proceeding on the papers if the Tribunal considers it appropriate, except in the circumstances set out in subsection (2). (2) the tribunal must not decide a proceeding on the papers if the proceeding involves- (a) the termination of a tenancy; or (b) a landlord’s entry to the premises under section 48 or entry to a boarding room under section 66 R. (3) Before deciding a proceeding on the papers, the Tribunal must have regard to any views that may be provided by the parties on whether the proceeding should be dealt with on the papers. (4) The section does not apply if section 91 AA applies.”

The Tribunal may make a decision on the papers in this matter as the proceeding does not involve termination of the tenancy or a landlords entry to premises.

The Tribunal invited the parties to provide their views on this matter being considered on the papers. The remaining tenants were adamant that the matter should be heard at a full hearing, but failed to address the issue of the Tribunal's jurisdiction to deal with the matter.

The Tribunal has no power to deal with this application and the matter is struck out on the papers.

There is no public interest in this matter and name suppression is ordered for all parties.

Tenancy Tribunal case 5273780 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5273780 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions