What was Tenancy Tribunal case 5388402 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5388402?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5388402?

The dispute type was not classified.

Where can I read the official tribunal order for case 5388402?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13535879-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5388402 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5388402?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5388402?

The dispute type was not classified.

Where can I read the official tribunal order for case 5388402?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13535879-Tenancy_Tribunal_Order.pdf.

514 Great South Road, Greenlane, Auckland 1051 Tenancy Tribunal Case 5388402 — Tenancy dispute

Tenantcheck Insights

Reasons

The tenant attended the hearing held on 4 May 2026 by telephone. The landlord did not join the hearing. An attempt was made to call the landlord, but the call was not answered.

The tenant has applied for compensation.

The hearing was to consider whether the Tribunal has jurisdiction to deal with this application.

The tenant produced a Deed of Lease dated 25 June 2014 between Judith Marks and Livefirm Hospitality Limited. A Deed of Assignment of Lease was also produced. The parties to the Assignment are Livefirm Hospitality Limited as assignor and Scy-Sweethome Limited as assignee. Scy-Sweethome is the tenant’s company.

The premises are a café with upstairs accommodation. The deed of lease states that the premises are to be used for business use. The assignment records the business us as “Café and takeaway food products.”

The tenant says that on occasion he has stayed in the accommodation upstairs.

For claims to be in the Tribunal’s jurisdiction, the premises used must be residential premises. Section 2(1) Residential Tenancies Act 1986 (RTA) defines “residential premises” as follows; “residential premises means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful.”

The tenant states that when the assignment commenced in 2017, he was told that the upstairs area of the premises could not be used for commercial purposes. He claims that GST is only payable on the commercial component of the rent with the remainder being residential. He also states that the power for upstairs is charged at the residential rate rather than commercial rate.

The tenant says that he has on occasions stayed in the upstairs area because he lives a distance from the business, and it is more convenient.

The tenants says that when he wanted to sell his business the landlord told the prospective purchasers that the upstairs area could not be used for residential purposes. The tenant thinks that this is because the building is not compliant for council purposes but because he is not the landlord the council will not discuss with him whether there are any issues with the building.

On the evidence produced by the tenant I am not satisfied that there was any intention of the parties that the premises would be used for residential purposes. The documents produced by the tenant relate to commercial premises.

Having considered the evidence I am satisfied that the premises were let principally for purposes other than resident purposes. This is outside the jurisdiction of the Tenancy Tribunal. The Tenancy Tribunal cannot transfer applications to the Disputes Tribunal, but the tenant may apply to the Disputes Tribunal which may be a better forum to deal with the tenant’s claims.

The application is dismissed.

Reasons

The tenant attended the hearing held on 4 May 2026 by telephone. The landlord did not join the hearing. An attempt was made to call the landlord, but the call was not answered.

The tenant has applied for compensation.

The hearing was to consider whether the Tribunal has jurisdiction to deal with this application.

The tenant says that on occasion he has stayed in the accommodation upstairs.

The tenant says that he has on occasions stayed in the upstairs area because he lives a distance from the business, and it is more convenient.

The application is dismissed.

Tenancy Tribunal case 5388402 — Tenancy dispute at 514 Great South Road, Greenlane, Auckland 1051

At a glance

Claims & awards

Tenancy Tribunal case 5388402 — Tenancy dispute at 514 Great South Road, Greenlane, Auckland 1051

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions