What was Tenancy Tribunal case 5300842 about?

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

How much money was awarded in case 5300842?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5300842?

The primary dispute was Cleanliness. Related themes: Boarding House.

Where can I read the official tribunal order for case 5300842?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12341762-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5300842 about?

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

How much money was awarded in case 5300842?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5300842?

The primary dispute was Cleanliness. Related themes: Boarding House.

Where can I read the official tribunal order for case 5300842?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12341762-Tenancy_Tribunal_Order.pdf.

Room Nil, Unit/Flat 15a, 15A Marina Drive, Frankton, Tenancy Tribunal Case 5300842 — Cleanliness

Tenantcheck Insights

Order

The application is struck out for want of jurisdiction.

Reasons

Both parties attended today’s hearing where I considered the issue of the Tribunal’s jurisdiction to address the tenant’s claims.
The tenant seeks the return of his bond of $600.00, or most of the bond, from the landlord. There is a dispute on the number of days that he should be charged for the last week of his tenancy, whether he should pay for cleaning and how much of the utilities he should have to pay the landlord.
No written tenancy agreement had been entered between the parties.
Mr Seow paid rent of $300.00 a week for the downstairs room at the premises; Mr Patchett resides at the upstairs bedroom of the 3 bedroom house at 15A Marina Drive, Frankton. The parties share the rest of the premises, including the kitchen and the living room.
I must determine whether the Tenancy Tribunal has jurisdiction to hear this claim under the Residential Tenancies Act 1986 (‘RTA’).
Section 5(1)(n) of the RTA provides that the RTA shall not apply in cases 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.
15A Marina Drive, Frankton is not a boarding house; it is not occupied, or intended by the landlord to be occupied, by at least 6 tenants at any one time.
The tenancy is excluded under s5(1)(n) RTA because the landlord Mr Patchett lived at the premises principally as his place of residence during Mr Seow’s tenancy of just under 2 months.
Consequently, the Tribunal does not have jurisdiction to adjudicate the parties’ dispute.
For the above reasons, I must strike out the tenant’s claims filed under the RTA.
This claim may be re-filed at the Disputes Tribunal so that the parties’ dispute can be properly and expeditiously resolved.

Tenancy Tribunal case 5300842 — Cleanliness at Room Nil, Unit/Flat 15a, 15A Marina Drive, Frankton,

At a glance

Tenancy Tribunal case 5300842 — Cleanliness at Room Nil, Unit/Flat 15a, 15A Marina Drive, Frankton,

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