What was Tenancy Tribunal case 5348922 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 5348922?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5348922?

The dispute type was not classified.

Where can I read the official tribunal order for case 5348922?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12735850-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5348922 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 5348922?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5348922?

The dispute type was not classified.

Where can I read the official tribunal order for case 5348922?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12735850-Tribunal_Order_Redacted.pdf.

13 Elvira Place, Ranui, Auckland 0612 Tenancy Tribunal Case 5348922 — Tenancy dispute

Tenantcheck Insights

Reasons

Shinnette Bongco attended the hearing.

The person referred to in the intituling of this case as the tenant did not attend the hearing. I will refer to him as “Mr K” in this decision. Telephone calls were made to the number provided for the tenant at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

The Tribunal has jurisdiction to hear claims between landlords and tenants. It does not have jurisdiction to hear disputes between flatmates.

Shinnette Bongco is the owner of the premises. The application to the Tribunal has been filed by Shinnette Bongco. She refers to herself incorrectly in the application as the landlord.

A document referred to as “Flat/House–sharing agreement” (“the sharing agreement”) has been entered into by Jyillian Bongco as “Head Tenant” and Mr K as “Flatmate”.

Shinnette Bongco is not a party to the sharing agreement and has no standing to issue these proceedings. The proceedings are dismissed.

Shinnette Bongco explained that the only tenancy agreement was between her and Jyillian Bongco. There was no tenancy agreement between any of the parties which included Mr K. Mr K does not pay rent to Shinnette Bongco.

It would seem that any claim for unpaid rent on the tenancy would need to be between Shinnette Bongco as landlord and Jyillian Bongco as the tenant. Consideration would also need to be given by them to the exclusion contained in s.5(1)(n) RTA, if they are related.

Any proceedings between Jyillian Bongco and Mr K would need to be lodged in the Disputes Tribunal as they are flatmates.

The parties should make reference to the Tenancy Services website for information on their obligations as landlord and tenant.

The tenant has been wholly successful in this matter and suppression of the tenant’s name only is ordered.

Reasons

Shinnette Bongco attended the hearing.

The Tribunal has jurisdiction to hear claims between landlords and tenants. It does not have jurisdiction to hear disputes between flatmates.

Shinnette Bongco is the owner of the premises. The application to the Tribunal has been filed by Shinnette Bongco. She refers to herself incorrectly in the application as the landlord.

A document referred to as “Flat/House–sharing agreement” (“the sharing agreement”) has been entered into by Jyillian Bongco as “Head Tenant” and Mr K as “Flatmate”.

Shinnette Bongco is not a party to the sharing agreement and has no standing to issue these proceedings. The proceedings are dismissed.

Any proceedings between Jyillian Bongco and Mr K would need to be lodged in the Disputes Tribunal as they are flatmates.

The parties should make reference to the Tenancy Services website for information on their obligations as landlord and tenant.

The tenant has been wholly successful in this matter and suppression of the tenant’s name only is ordered.

Tenancy Tribunal case 5348922 — Tenancy dispute at 13 Elvira Place, Ranui, Auckland 0612

At a glance

Claims & awards

Tenancy Tribunal case 5348922 — Tenancy dispute at 13 Elvira Place, Ranui, Auckland 0612

At a glance

Claims & awards

Order

Reasons

Topics & place

Frequently asked questions

Order

Reasons

Topics & place

Frequently asked questions