What was Tenancy Tribunal case 5341905 about?

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

How much money was awarded in case 5341905?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5341905?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5341905?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12801341-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5341905 about?

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

How much money was awarded in case 5341905?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5341905?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5341905?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12801341-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5341905 — Boarding House

Tenantcheck Insights

Reasons

Both parties attended the phone hearing.

For ease of reference, in this decision, the applicant is referred to as the tenant and the respondent is referred to as the landlord.

The tenant has applied for refund of a bond paid and held by the Bond Centre.

A preliminary issue which I raised at the outset of the hearing is that the arrangement between the parties appears to be a flatting arrangement and not a residential tenancy.

The relevant law that applies to residential tenancies is found in the Residential Tenancies Act 1986 (RTA). The Tribunal can only consider disputes in relation to residential tenancies which fall within the RTA between a landlord and a tenant or between a landlord and the guarantor of a tenant. 1 1 See section 77 (1) (a) - (b) of the RTA.

Questions of jurisdiction are fundamental and must be decided before the Tribunal can go on to make any other findings in a case. Put simply, if there is no jurisdiction, then the Tribunal cannot proceed to hear the case.

There is a statutory presumption that the RTA will apply to all residential tenancies, unless specifically excluded by the RTA. 2 Section 5 of the RTA sets out several cases which are excluded from the RTA. 3 Parties cannot contract out of the RTA. 4 The RTA applies, and the Tribunal has jurisdiction, unless one of the exceptions in section 5 of the RTA applies.

Both parties agreed that this is a flatmate arrangement, therefore the exclusion in section 5 (1)(n) applies. This exclusion provides that the RTA will not apply - “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 the owner of the premises or by any member of the landlord’s or owner’s family:”

By consent I find this is a flatting arrangement and not a residential tenancy to which the RTA applies.

The landlord lodged the Bond with the Bond Centre. As I indicated at the hearing, my view is that this has been incorrectly lodged and the parties will need to contact the Bond Centre directly in order for the bond to be released. Suppression

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 5

In the circumstances, where both parties agree that this is not a residential tenancy and on hearing from the parties at the hearing, I have made an order suppressing the parties names and identifying details.

Reasons

Both parties attended the phone hearing.

For ease of reference, in this decision, the applicant is referred to as the tenant and the respondent is referred to as the landlord.

The tenant has applied for refund of a bond paid and held by the Bond Centre.

A preliminary issue which I raised at the outset of the hearing is that the arrangement between the parties appears to be a flatting arrangement and not a residential tenancy.

By consent I find this is a flatting arrangement and not a residential tenancy to which the RTA applies.

Tenancy Tribunal case 5341905 — Boarding House

At a glance

Tenancy Tribunal case 5341905 — Boarding House

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