What was Tenancy Tribunal case 5327200 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

How much money was awarded in case 5327200?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5327200?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5327200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12518708-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5327200 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

How much money was awarded in case 5327200?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5327200?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5327200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12518708-Tribunal_Order_Redacted.pdf.

Room 101, 99A Guyton Street, Whanganui, Whanganui Tenancy Tribunal Case 5327200 — Cleanliness

Order

The Tribunal orders suppression of the parties’ names and identifying details.
The relationship between the parties is excluded from the Tribunal’s jurisdiction by section 5(1)(j) of the Residential Tenancies Act 1986 (“RTA”).
The Tribunal does not have jurisdiction to consider the tenant’s application.

Reasons

Both parties attended the hearing by telephone.
The hearing was to determine whether the Tribunal has jurisdiction or whether jurisdiction is excluded by section 5(1)(j) RTA. Background
While this decision has not referred to all the evidence presented at the hearing or filed with the Tribunal, the parties can be assured that it has all been considered. In the interests of conciseness, only the most relevant or important evidence has been referred to in this Order. Any evidence that was not directly relevant to proving a claim that was part of the application has been omitted.
The applicant gave evidence as follows: a. He rented a room intended for long-term accommodation and paid a week’s rent and a week’s bond. b. There was no written agreement between the parties despite him asking for one. c. The part of the hotel he rented had been the on-site manager’s accommodation and was fully self-contained. d. It comprised a kitchen/dining area with a sink, a fridge, a microwave, electric jug, and some crockery; a bathroom and a bedroom. He supplied his own air-fryer with the consent of the respondent. e. A bed was supplied with a mattress and a mattress protector. The applicant supplied his own linen and was responsible for cleaning his room. f. The landlord provided some furniture such as a table and chairs. g. He produced an invoice for “rent” and a letter terminating the arrangement which referred to “your tenancy” and “rent”. h. The applicant specifically enquired as to whether the arrangement could be long term and was told by text “Yes. It’s long term.”
The respondent gave evidence as follows: a. It operates a traditional hotel which includes a bar and restaurant. There are approximately 30 rooms. About nine rooms are let out for periods of six to seven weeks. The remainder are let out on a casual, nightly basis. b. The accommodation let to the applicant was the only self-contained suite in the hotel. All the rooms have an ensuite and a microwave but no other cooking facilities as their provision would breach the local authorities’ fire regulations. c. The bond was “security money” held in its bank account to cover any damages caused by an occupant. d. The hotel supplies electricity and internet. It also supplies toilet paper and soap but if this is used up by a longer-term occupant, they must supply their own. e. Three months is the longest any occupant has stayed. f. It supplied a copy of its on-licence pursuant to the Sale and Supply of Alcohol Act 2012 which is current from 19 April 2023 until 18 April 2027. g. Its restaurant and bar are open to occupants, their guests and any member of the public. Discussion and decision
Section 5(1)(j) RTA provides that the RTA shall not apply to cases “where the premises constitute part of any hotel in respect of which an on-licence is in force under the Sale and Supply of Alcohol Act 2012.”
The premises let to the applicant were part of the respondent’s hotel. The landlord has provided evidence that it is a hotel with a current on-licence.
There is nothing in the documentation between the parties or in the evidence given at the hearing or submitted to the Tribunal that the parties agreed to contract into the RTA as allowed by section 8 RTA.
The exclusion in section 5(1)(j) RTA therefore applies and the Tribunal has no jurisdiction to hear the applicant’s claims.
The applicant may decide to make an application to the Disputes Tribunal. If he does so, then he should provide the Disputes Tribunal with a copy of this decision which has determined that the Tenancy Tribunal does not have jurisdiction. Suppression
Section 95A(4) RTA provides that the Tribunal, having regard to the interests of the parties and the public interest, may order suppression of the details of the parties. As the Tribunal has determined that it does not have jurisdiction, only the Tribunal’s decision has any public interest and the details of the parties are to be suppressed.

Order

The Tribunal orders suppression of the parties’ names and identifying details.
The relationship between the parties is excluded from the Tribunal’s jurisdiction by section 5(1)(j) of the Residential Tenancies Act 1986 (“RTA”).
The Tribunal does not have jurisdiction to consider the tenant’s application.

Reasons

Both parties attended the hearing by telephone.
The hearing was to determine whether the Tribunal has jurisdiction or whether jurisdiction is excluded by section 5(1)(j) RTA. Background
While this decision has not referred to all the evidence presented at the hearing or filed with the Tribunal, the parties can be assured that it has all been considered. In the interests of conciseness, only the most relevant or important evidence has been referred to in this Order. Any evidence that was not directly relevant to proving a claim that was part of the application has been omitted.
The applicant gave evidence as follows: a. He rented a room intended for long-term accommodation and paid a week’s rent and a week’s bond. b. There was no written agreement between the parties despite him asking for one. c. The part of the hotel he rented had been the on-site manager’s accommodation and was fully self-contained. d. It comprised a kitchen/dining area with a sink, a fridge, a microwave, electric jug, and some crockery; a bathroom and a bedroom. He supplied his own air-fryer with the consent of the respondent. e. A bed was supplied with a mattress and a mattress protector. The applicant supplied his own linen and was responsible for cleaning his room. f. The landlord provided some furniture such as a table and chairs. g. He produced an invoice for “rent” and a letter terminating the arrangement which referred to “your tenancy” and “rent”. h. The applicant specifically enquired as to whether the arrangement could be long term and was told by text “Yes. It’s long term.”
The respondent gave evidence as follows: a. It operates a traditional hotel which includes a bar and restaurant. There are approximately 30 rooms. About nine rooms are let out for periods of six to seven weeks. The remainder are let out on a casual, nightly basis. b. The accommodation let to the applicant was the only self-contained suite in the hotel. All the rooms have an ensuite and a microwave but no other cooking facilities as their provision would breach the local authorities’ fire regulations. c. The bond was “security money” held in its bank account to cover any damages caused by an occupant. d. The hotel supplies electricity and internet. It also supplies toilet paper and soap but if this is used up by a longer-term occupant, they must supply their own. e. Three months is the longest any occupant has stayed. f. It supplied a copy of its on-licence pursuant to the Sale and Supply of Alcohol Act 2012 which is current from 19 April 2023 until 18 April 2027. g. Its restaurant and bar are open to occupants, their guests and any member of the public. Discussion and decision
Section 5(1)(j) RTA provides that the RTA shall not apply to cases “where the premises constitute part of any hotel in respect of which an on-licence is in force under the Sale and Supply of Alcohol Act 2012.”
The premises let to the applicant were part of the respondent’s hotel. The landlord has provided evidence that it is a hotel with a current on-licence.
There is nothing in the documentation between the parties or in the evidence given at the hearing or submitted to the Tribunal that the parties agreed to contract into the RTA as allowed by section 8 RTA.
The exclusion in section 5(1)(j) RTA therefore applies and the Tribunal has no jurisdiction to hear the applicant’s claims.
The applicant may decide to make an application to the Disputes Tribunal. If he does so, then he should provide the Disputes Tribunal with a copy of this decision which has determined that the Tenancy Tribunal does not have jurisdiction. Suppression
Section 95A(4) RTA provides that the Tribunal, having regard to the interests of the parties and the public interest, may order suppression of the details of the parties. As the Tribunal has determined that it does not have jurisdiction, only the Tribunal’s decision has any public interest and the details of the parties are to be suppressed.

Tenancy Tribunal case 5327200 — Cleanliness at Room 101, 99A Guyton Street, Whanganui, Whanganui

At a glance

Tenancy Tribunal case 5327200 — Cleanliness at Room 101, 99A Guyton Street, Whanganui, Whanganui

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