What was Tenancy Tribunal case 5275491 about?

The tribunal order states: The Tribunal orders suppression of the Applicant and Respondent names and

How much money was awarded in case 5275491?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5275491?

The primary dispute was Cleanliness. Related themes: Exemplary damages, Boarding House.

Where can I read the official tribunal order for case 5275491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12427631-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5275491 about?

The tribunal order states: The Tribunal orders suppression of the Applicant and Respondent names and

How much money was awarded in case 5275491?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5275491?

The primary dispute was Cleanliness. Related themes: Exemplary damages, Boarding House.

Where can I read the official tribunal order for case 5275491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12427631-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5275491 — Cleanliness

Reasons

Both parties attended the hearing held by telephone today.

[The applicant/s] (MHT) has made this application and seeks refund of a bond of $600.00 paid by her and exemplary damages for failure to lodge the bond at the Bond Centre.

[The respondent/s] (MS) says the living arrangement was not a tenancy but a boarding arrangement. She also says she has refunded $508.00 of the bond paid but retained $92.00 to pay for cleaning she says was needed.

The first issue I must decide is whether the Residential Tenancies Act 1986 (RTA) applies. If it does not apply then the Tenancy Tribunal has no jurisdiction, or authority, to decide this dispute.

The RTA applies to all tenancies for residential purposes; s4 RTA. A “tenancy” is a right to occupy premises in exchange for rent; definition in s2 RTA.

MHT did pay rent to MS and was given the exclusive right to occupy a furnished bedroom and to use shared facilities including kitchen, living area, and bathroom.

There was a tenancy between MHT (as tenant) and MS (as landlord).

However, some tenancies are excluded from the RTA. These are listed in section 5 RTA.

This includes where the landlord continues to, during the tenancy, use the same premises as the tenant, principally as a place of residence; s5(1)(n) RTA. 1

This type of arrangement is often called “flatting” or “boarding” in New Zealand: when a flatmate or boarder lives in the same premises as the head tenant or owner of the house who continues to use it mainly as their home.

This is what happened in this case.

MS lived at the tenancy premises at the same time as MHT. MS used the master bedroom suite upstairs. MHT used a bedroom downstairs. MS and MHT shared kitchen, living area and bathroom facilities. There was another spare bedroom downstairs. No other person lived at the premises at the time.

MS and MHT also signed a written agreement (“Living Agreement”) which said they agreed to share the premises on certain conditions.

My decision is that this tenancy is excluded from the RTA by s5(1)(n) RTA.

This means I have no power or authority to decide the dispute. The application must be dismissed.

My decision also means that MS had no legal obligation to lodge the bond paid by MHT at the Bond Centre.

The bond requirements, and all other legal requirements in the RTA, only apply to tenancies that come under the jurisdiction of that Act and of the Tenancy Tribunal.

If a tenancy is excluded from the RTA, it means that the landlord and tenant can agree to any terms of contract that they choose. Some of the terms they agreed to are written in the Living Agreement. 1 Except if there are 6 or more flatmates or boarders in which case the tenancy is a boarding house tenancy and the RTA will apply.

I explained to MHT that if she disagrees with the deduction that MS made from her bond, she does have the option to apply to the Disputes Tribunal. See How to make a claim | Disputes Tribunal of New Zealand

I suggest that MS send MHT a clear list of all rent and bond payments she made and what dates these relate to, and photos or clear reasons why she deducted $92.00 for cleaning. This might help resolve the dispute.

I suppress both parties’ names from the published order. Neither of them has breached the Act so their privacy outweighs the public interest.

Order

The Tribunal orders suppression of the Applicant and Respondent names and identifying details and of the tenancy address.
The application is dismissed due to lack of jurisdiction.
The tenancy is excluded from the Residential Tenancies Act 1986.

Reasons

Both parties attended the hearing held by telephone today.
[The applicant/s] (MHT) has made this application and seeks refund of a bond of $600.00 paid by her and exemplary damages for failure to lodge the bond at the Bond Centre.
[The respondent/s] (MS) says the living arrangement was not a tenancy but a boarding arrangement. She also says she has refunded $508.00 of the bond paid but retained $92.00 to pay for cleaning she says was needed.
The first issue I must decide is whether the Residential Tenancies Act 1986 (RTA) applies. If it does not apply then the Tenancy Tribunal has no jurisdiction, or authority, to decide this dispute.
The RTA applies to all tenancies for residential purposes; s4 RTA. A “tenancy” is a right to occupy premises in exchange for rent; definition in s2 RTA.
MHT did pay rent to MS and was given the exclusive right to occupy a furnished bedroom and to use shared facilities including kitchen, living area, and bathroom.
There was a tenancy between MHT (as tenant) and MS (as landlord).
However, some tenancies are excluded from the RTA. These are listed in section 5 RTA.
This includes where the landlord continues to, during the tenancy, use the same premises as the tenant, principally as a place of residence; s5(1)(n) RTA. 1
This type of arrangement is often called “flatting” or “boarding” in New Zealand: when a flatmate or boarder lives in the same premises as the head tenant or owner of the house who continues to use it mainly as their home.
This is what happened in this case.
MS lived at the tenancy premises at the same time as MHT. MS used the master bedroom suite upstairs. MHT used a bedroom downstairs. MS and MHT shared kitchen, living area and bathroom facilities. There was another spare bedroom downstairs. No other person lived at the premises at the time.
MS and MHT also signed a written agreement (“Living Agreement”) which said they agreed to share the premises on certain conditions.
My decision is that this tenancy is excluded from the RTA by s5(1)(n) RTA.
This means I have no power or authority to decide the dispute. The application must be dismissed.
My decision also means that MS had no legal obligation to lodge the bond paid by MHT at the Bond Centre.
The bond requirements, and all other legal requirements in the RTA, only apply to tenancies that come under the jurisdiction of that Act and of the Tenancy Tribunal.
If a tenancy is excluded from the RTA, it means that the landlord and tenant can agree to any terms of contract that they choose. Some of the terms they agreed to are written in the Living Agreement. 1 Except if there are 6 or more flatmates or boarders in which case the tenancy is a boarding house tenancy and the RTA will apply.
I explained to MHT that if she disagrees with the deduction that MS made from her bond, she does have the option to apply to the Disputes Tribunal. See How to make a claim | Disputes Tribunal of New Zealand
I suggest that MS send MHT a clear list of all rent and bond payments she made and what dates these relate to, and photos or clear reasons why she deducted $92.00 for cleaning. This might help resolve the dispute.
I suppress both parties’ names from the published order. Neither of them has breached the Act so their privacy outweighs the public interest.

Tenancy Tribunal case 5275491 — Cleanliness

At a glance

Tenancy Tribunal case 5275491 — Cleanliness

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