What was Tenancy Tribunal case 5302882 about?

The tribunal order states: The Tribunal orders suppression of the names as identifying details.

How much money was awarded in case 5302882?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5302882?

The dispute type was not classified.

Where can I read the official tribunal order for case 5302882?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12545999-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5302882 about?

The tribunal order states: The Tribunal orders suppression of the names as identifying details.

How much money was awarded in case 5302882?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5302882?

The dispute type was not classified.

Where can I read the official tribunal order for case 5302882?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12545999-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5302882 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing. [The landlord’s representative], a lawyer and the independent trustee, represented [The landlord/s].

[The Landlord/s] has applied to the Tenancy Tribunal for an order that [The tenant/s] pay her rent into a bank account for the Trust. At the moment, [The tenant/s] pays her rent to one of the trustees, [The trustee]. This is because she signed a tenancy agreement with [The trustee].

[The landlord’s representative] submitted that the renting of the tenancy premises to [The tenant/s] is a taxable activity of the [The landlord/s], and therefore the rental payments should be paid into the Trust’s bank account. [The trustee] emailed the Tribunal before the hearing to say he does not agree.

At the hearing the issue of jurisdiction was discussed. 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. In this case there is no dispute with [The tenant/s].

[The landlord’s representative] submitted that the Tribunal should have jurisdiction when the tenancy agreement may not be a valid agreement. In this situation the tenancy premises is owned by [The landlord/s] and not [The trustee], so the validity of the tenancy agreement is in question. However, I am not persuaded by this submission. The only way for me to decide if [The trustee] should have signed the tenancy agreement in his own name would be to hear evidence about the dispute between the trustees and make a decision about ownership and the payment of tax. I find I do not have the jurisdiction to do this.

I have used my discretion to allow suppression for the parties and the address. This means the names and identifying details will be removed from the order when it is published on the internet. This is because I find there is no public interest in the names and any interest is in the law. See section 95A RTA.

Reasons

Both parties attended the hearing. [The landlord’s representative], a lawyer and the independent trustee, represented [The landlord/s].

Tenancy Tribunal case 5302882 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5302882 — 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