What was Tenancy Tribunal case 5340003 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5340003?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5340003?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5340003?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12737912-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5340003 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5340003?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5340003?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5340003?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12737912-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5340003 — Exemplary damages

Tenantcheck Insights

Reasons

Both parties attended the hearing, which was conducted by teleconference.

The applicant has filed an application seeking compensation and exemplary damages from the respondent for various landlord breaches. The parties signed a flat-sharing agreement, where the respondent is noted to be the head tenant, and the applicant is recorded as the flatmate.

As a preliminary matter, I must determine the question of jurisdiction, and whether this dispute between the parties can be considered by the Tenancy Tribunal. The key issue is whether the parties are flatmates, or whether there is a landlord/tenant relationship. The Tribunal’s jurisdiction is limited to disputes between a landlord and tenant and does not extend to flatmates. Legal framework

The Residential Tenancies Act 1986 (the RTA) applies to every tenancy for residential purposes. There are some exclusions, listed in Section 5 of the Act.

A tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent...

A landlord, in relation to residential premises subject to a tenancy agreement, means the grantor of a tenancy of the premises under the agreement. 1

A tenant, in relation to residential premises subject to a tenancy agreement, means the grantee of a tenancy of the premises under the agreement. 2

Section 77 of the RTA provides that the Tenancy Tribunal has jurisdiction to determine (in accordance with the RTA) any dispute that (a) exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and (b) relates to any tenancy to which this Act applies or to which this Act did apply at any material time. .

Therefore, it is clear from the legislation that the Tenancy Tribunal only has jurisdiction to determine disputes between a landlord and tenant. There is no jurisdiction to consider disputes between tenants or flatmates.

In the decision of Watson v Watson & Roo 3 the Court emphasised that when determining disputes as to the nature of the arrangement, it is important to focus on the substance rather than the labels used: ...However the labels that the parties give to the arrangement will not and cannot be determinative. It will always be necessary to examine the full facts of the situation and determine what the substance of the arrangement was. Analysis

Having considered the evidence and submissions, I find that I do not have jurisdiction to determine this dispute. My reasons for this finding are set out below.

In this case, it is clear from the written agreement that this is a flat-sharing arrangement. The agreement is headed “Flat/house-sharing Agreement.” The agreement also states that “flat/house sharing agreements between tenants and other flatmates are not covered under the Residential Tenancies Act 1986.” The 1 s.2 RTA definition of “landlord” 2 s.2 RTA definition of “tenant” 3 DC Christchurch CIV-2010-009-002030, 14 September 2010 agreement further provides that in the event of any dispute, “the parties agree that the dispute will be determined by the Disputes Tribunal.”

While the labels used will not always be determinative, in this case, the direct evidence of the parties does not support there being a landlord/tenant relationship. In his evidence, the applicant has described the premises and the arrangement, stating this is a 4 bedroom house; he occupies one bedroom and has use of a bathroom, kitchen and laundry, plus living areas. He states the respondent lives there, and the other bedrooms are used by the respondent’s guests. The applicant paid rent of $300.00 per week to the respondent, and paid 50% of the power and internet.

I note the applicant’s view that they were not on equal terms. However, there are other factors arising from the respondent’s evidence which make it likely that this is an agreement between flatmates, rather than landlord and tenant. The respondent’s evidence is that he was renting the premises and had a tenancy agreement in place with the landlord. He states he is not the owner of the premises. There is an agreement in place between the landlord (in this case a property management company as agent) and the respondent as the tenant. The respondent confirmed that he occupied the master bedroom, and kept the other two bedrooms free for the use of his guests. The respondent is clear that he advertised for flatmates. Furthermore, the property manager told him they would only deal with him as tenant, and would not deal directly with any of his flatmates.

Accordingly, I find that the parties are flatmates, rather than landlord and tenant. Consequently, jurisdiction to determine the application is declined, and the application is dismissed. Filing fee and name suppression

The applicant is unsuccessful, so there is no reimbursement of the filing fee.

The applicant seeks name suppression. While unsuccessful, having regard to the interests of the parties and to the public interest, I consider it appropriate to suppress the names of both parties, since the Tribunal has no jurisdiction to determine the application, and the parties’ interests outweigh the public interest in them being identified.

Reasons

Both parties attended the hearing, which was conducted by teleconference.

The Residential Tenancies Act 1986 (the RTA) applies to every tenancy for residential purposes. There are some exclusions, listed in Section 5 of the Act.

A tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent...

A landlord, in relation to residential premises subject to a tenancy agreement, means the grantor of a tenancy of the premises under the agreement. 1

A tenant, in relation to residential premises subject to a tenancy agreement, means the grantee of a tenancy of the premises under the agreement. 2

Having considered the evidence and submissions, I find that I do not have jurisdiction to determine this dispute. My reasons for this finding are set out below.

The applicant is unsuccessful, so there is no reimbursement of the filing fee.

Tenancy Tribunal case 5340003 — Exemplary damages

At a glance

Claims & awards

Tenancy Tribunal case 5340003 — Exemplary damages

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions