What was Tenancy Tribunal case 5312260 about?

The tribunal order states: Both parties’ names identifying details and the tenancy address are suppressed

How much money was awarded in case 5312260?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5312260?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5312260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12558500-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5312260 about?

The tribunal order states: Both parties’ names identifying details and the tenancy address are suppressed

How much money was awarded in case 5312260?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5312260?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5312260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12558500-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5312260 — Exemplary damages

Order

Both parties’ names identifying details and the tenancy address are suppressed and will not be published.
The Tribunal has no jurisdiction to consider and determine the application and the matter is struck out.

Reasons

Both parties attended the hearing, which was held by telephone.
The applicants claim refund of their bond from the landlord and exemplary damages for the landlord not lodging the bond. The applicants consider they are tenants; the landlord disputes that they are tenants.
As indicated to the parties at the hearing there is a preliminary issue to be determined as to whether the Tribunal has jurisdiction to hear and decide the tenants’ claim.
The Tribunal has jurisdiction to hear and determine any dispute between a landlord and a tenant, or between a landlord and the guarantor of the tenant, that relates to a residential tenancy to which the Residential Tenancies Act 1986 (RTA) applies. See section 77(1), RTA.
The Tribunal has no jurisdiction to determine disputes between parties other than those in a landlord and tenant relationship, and guarantor where applicable.
The question here is whether the applicants are tenants or flatmates of a tenant.
The three applicants lived in the tenancy premises along with [Tenant 1] from the start of the tenancy. After the tenancy ended the applicants were concerned they had not received their bond back, and that the bond had not been lodged with Tenancy Services by the landlord. They lodged their claim with the tenancy Tribunal, also including [Tenant 1] as a tenant/applicant.
[Tenant 1] did not want to be a party to the application and was removed with the consent of the applicants before the parties received notice of the hearing.
The applicants consider they were tenants as they lived in the premises from the start, paid rent and bond. They say the landlord knew they were moving in and would be living there. They are not sure why they were not named on the tenancy agreement.
The landlord said he only dealt with [Tenant 1] from the start. He said all bond and rent payments were made by her. He agrees that he knew the others were going to be living in the premises but intended that only [Tenant 1] was the tenant, which is why her name only is on the tenancy agreement. He considers the applicants were flatmates.
The landlord’s evidence is that he and [Tenant 1] have reached an agreement regarding what has happened to the bond.
A tenant is someone who rents a property directly from a landlord and usually has a written tenancy agreement where their name appears on the agreement as a tenant. A flatmate is someone who lives with a tenant, but their name does not appear on the tenancy agreement. Flatmates are not responsible to the landlord for the rent and the state of the property. Instead, they are responsible to the tenant for their share of the rent.
A tenancy agreement is a contract. A legally binding contract is formed where both parties intend to contract on agreed terms. The terms of a contract define the rights and obligations of the parties. An essential element to the formation of any contract is that there is a meeting of minds between the parties in relation to the contract terms.
Here it is apparent that it was never intended that the applicants were tenants under the tenancy agreement. The agreement was signed by the landlord and [Tenant 1] in the tenancy premises while the applicants were viewing the house. They did not have then, or at any other time, discussions with the landlord about being tenants under the tenancy agreement.
Therefore, I find the arrangement between the parties to this claim is not one of tenant and landlord and is not subject to the provisions of the RTA. The Tenancy Tribunal does not have any jurisdiction to determine the claim.
The tenants did not apply for suppression of their names. However, the Tribunal may, on its own initiative, and having regard to the interests of the parties and public interest, that all or part of the evidence given or the name or any identifying particulars of the party not be published. (s 95A(4), RTA).
In the interests of the parties and having considered the public interest I order suppression of all parties’ named, identifying details, the tenancy address and reference to [Tenant 1].

Order

Both parties’ names identifying details and the tenancy address are suppressed and will not be published.
The Tribunal has no jurisdiction to consider and determine the application and the matter is struck out.

Reasons

Both parties attended the hearing, which was held by telephone.
The applicants claim refund of their bond from the landlord and exemplary damages for the landlord not lodging the bond. The applicants consider they are tenants; the landlord disputes that they are tenants.
As indicated to the parties at the hearing there is a preliminary issue to be determined as to whether the Tribunal has jurisdiction to hear and decide the tenants’ claim.
The Tribunal has jurisdiction to hear and determine any dispute between a landlord and a tenant, or between a landlord and the guarantor of the tenant, that relates to a residential tenancy to which the Residential Tenancies Act 1986 (RTA) applies. See section 77(1), RTA.
The Tribunal has no jurisdiction to determine disputes between parties other than those in a landlord and tenant relationship, and guarantor where applicable.
The question here is whether the applicants are tenants or flatmates of a tenant.
The three applicants lived in the tenancy premises along with [Tenant 1] from the start of the tenancy. After the tenancy ended the applicants were concerned they had not received their bond back, and that the bond had not been lodged with Tenancy Services by the landlord. They lodged their claim with the tenancy Tribunal, also including [Tenant 1] as a tenant/applicant.
[Tenant 1] did not want to be a party to the application and was removed with the consent of the applicants before the parties received notice of the hearing.
The applicants consider they were tenants as they lived in the premises from the start, paid rent and bond. They say the landlord knew they were moving in and would be living there. They are not sure why they were not named on the tenancy agreement.
The landlord said he only dealt with [Tenant 1] from the start. He said all bond and rent payments were made by her. He agrees that he knew the others were going to be living in the premises but intended that only [Tenant 1] was the tenant, which is why her name only is on the tenancy agreement. He considers the applicants were flatmates.
The landlord’s evidence is that he and [Tenant 1] have reached an agreement regarding what has happened to the bond.
A tenant is someone who rents a property directly from a landlord and usually has a written tenancy agreement where their name appears on the agreement as a tenant. A flatmate is someone who lives with a tenant, but their name does not appear on the tenancy agreement. Flatmates are not responsible to the landlord for the rent and the state of the property. Instead, they are responsible to the tenant for their share of the rent.
A tenancy agreement is a contract. A legally binding contract is formed where both parties intend to contract on agreed terms. The terms of a contract define the rights and obligations of the parties. An essential element to the formation of any contract is that there is a meeting of minds between the parties in relation to the contract terms.
Here it is apparent that it was never intended that the applicants were tenants under the tenancy agreement. The agreement was signed by the landlord and [Tenant 1] in the tenancy premises while the applicants were viewing the house. They did not have then, or at any other time, discussions with the landlord about being tenants under the tenancy agreement.
Therefore, I find the arrangement between the parties to this claim is not one of tenant and landlord and is not subject to the provisions of the RTA. The Tenancy Tribunal does not have any jurisdiction to determine the claim.
The tenants did not apply for suppression of their names. However, the Tribunal may, on its own initiative, and having regard to the interests of the parties and public interest, that all or part of the evidence given or the name or any identifying particulars of the party not be published. (s 95A(4), RTA).
In the interests of the parties and having considered the public interest I order suppression of all parties’ named, identifying details, the tenancy address and reference to [Tenant 1].

Tenancy Tribunal case 5312260 — Exemplary damages

At a glance

Tenancy Tribunal case 5312260 — Exemplary damages

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