Tenantcheck Insights · Case study
Tenancy Tribunal case 5361448 — Boarding House
Decided 13 Jan 2026 · Published 13 Jan 2026 · Application 5361448
- Boarding House
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
S Young
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s names and identifying details.
- The application is dismissed as the Tribunal does not have jurisdiction.
Reasons
- Both parties attended the hearing.
- The tenant was represented by Ms Deakin.
- The Tribunal has jurisdiction to consider disputes between landlords and tenants. It does not have jurisdiction to consider disputes between flatmates or borders.
- The landlords are the owners of the premises and reside there.
- The tenant entered into an agreement with the landlords described as a “flatmate and owners agreement.” The tenant is referred to as a “flatmate/ boarder” in the agreement.
- Section 4 Residential Tenancies Act 1986 (“RTA”) provides that the Act will apply to every residential tenancy with specific exceptions. The exceptions are set out at s.5 RTA.
- Section 5 (1)(n) RTA provides that the RTA will not apply ; “(n) 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.”
- These premises are not a boarding house (see the definition of a boarding house at s.66B RTA.
- The premises are used principally as a place of residence by the owners.
- The Tribunal does not have jurisdiction. The tenant may wish to pursue the matter further in another jurisdiction.
- There is no public interest in the publication of details of this matter. The suppression of all names and details is ordered.