What was Tenancy Tribunal case 5302222 about?

The tribunal order states: The Tribunal suppresses the names and identifying details of both parties.

How much money was awarded in case 5302222?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5302222?

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

Where can I read the official tribunal order for case 5302222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12372848-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5302222 about?

The tribunal order states: The Tribunal suppresses the names and identifying details of both parties.

How much money was awarded in case 5302222?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5302222?

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

Where can I read the official tribunal order for case 5302222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12372848-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 45 Edinburgh Street, Spreydon, Christchurch Tenancy Tribunal Case 5302222 — Harassment

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The former occupier was in possession as a flatmate of the tenant between 20 May 2025 and 3 June 2025. He answered an advertisement for a room and board placed by the tenant.

The tenant is in a tenancy agreement with a social housing provider.

The arrangement between the parties broke down quickly and the former occupier vacated the premises which comprised 2 bedrooms and shared facilities.

The former occupier has applied for costs against the tenant for alleged breaches of his privacy and harassment. He also seeks an order preventing the tenant from offering a room/board to anyone again.

It is implicit from the former occupier’s application that the arrangement was one of boarder or flatmate, not as landlord and tenant.

The Residential Tenancies Act 1986 (RTA) does not apply to all tenancies; some are excluded.

Section 5(1)(n) RTA excludes a tenancy 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 owner of the premises or by any member of the landlord’s or owner’s family.

If the former occupier assets that the tenant was his landlord, section 5(1)(n) RTA would exclude the tenancy as the premises are used by the tenant (the asserted landlord) principally as her place of residence.

An almost identical fact situation came before the Tribunal and was decided on 26 February 2024. – see Cavanagh v Jackson [2024] NZTT 4701869. The Tribunal found that the tenancy was excluded under section 5(1)(n) RTA. The tenant appealed that decision first to the District Court 1 and then to the High Court 2 . Both Courts upheld the Tribunal’s decision.

As the facts of this case are identical to those considered by the Tribunal, the District Court and the High Court in Cavanagh, the application must be and is dismissed. The Tribunal has no jurisdiction to determine the former occupier’s claims.

The correct forum for this dispute is the Disputes Tribunal.

Given the nature of this dispute and to protect the confidentiality of the Disputes Tribunal process, I have suppressed the names of both parties.

Reasons

Both parties attended the hearing.

The former occupier was in possession as a flatmate of the tenant between 20 May 2025 and 3 June 2025. He answered an advertisement for a room and board placed by the tenant.

The tenant is in a tenancy agreement with a social housing provider.

The arrangement between the parties broke down quickly and the former occupier vacated the premises which comprised 2 bedrooms and shared facilities.

It is implicit from the former occupier’s application that the arrangement was one of boarder or flatmate, not as landlord and tenant.

The Residential Tenancies Act 1986 (RTA) does not apply to all tenancies; some are excluded.

The correct forum for this dispute is the Disputes Tribunal.

Given the nature of this dispute and to protect the confidentiality of the Disputes Tribunal process, I have suppressed the names of both parties.

Tenancy Tribunal case 5302222 — Harassment at Unit/Flat 2, 45 Edinburgh Street, Spreydon, Christchurch

At a glance

Tenancy Tribunal case 5302222 — Harassment at Unit/Flat 2, 45 Edinburgh Street, Spreydon, Christchurch

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