What was Tenancy Tribunal case 5423208 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 5423208?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,254.00 awarded to landlord; Property Damage: $250.00 awarded to landlord

What type of tenancy dispute was case 5423208?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5423208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13267191-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5423208 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 5423208?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,254.00 awarded to landlord; Property Damage: $250.00 awarded to landlord

What type of tenancy dispute was case 5423208?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5423208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13267191-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5423208 — Rent arrears

Claims and awards in Tenancy Tribunal application 5423208 — net $1,532.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 January 2026	$1,254.00	Rent arrears to 25 January 2026
Repairs: including lock replacement	$250.00	Repairs: including lock replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,532.00
Total payable by Tenant to Landlord	$1,532.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Under section 78(1)(a) of the Residential Tenancies Act 1986, it is declared that the agreement between the parties is a residential tenancy and the Tribunal has jurisdiction.
Rebecca Sharon Zanders and Ella Jessica Zanders-Mills must pay [The landlord/s] $1,482.00 immediately, calculated as shown in table below.

Reasons

The landlord’s representative, Mr [A], attended the hearing. There was no appearance for the tenant.
Because the landlord’s address for service is the same as the tenancy address, I explored whether the Residential Tenancies Act 1986 applies to the agreement between the parties.
The landlord entered into an agreement to rent a room to the tenants. Ms [B] has been living at the premises.
Section 5 specifies some exclusions under the Act. One of those exclusions is where the premises, 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. 1
The landlord’s representative pointed out that the parties intended the arrangement to be covered by the Act. They signed an agreement called “Residential Tenancy Agreement”, in which they said that the law would apply to them. The agreement simply refers to “the Act” without specific reference to the Residential Tenancies Act.
In many cases the Tribunal or court has asked the question of whether the premises were the principal place of residence. In the case of Musson v Dobrisek CIV-2006-032-36, 5 May 2006, the District Court drew a distinction between the words “used as the principal place of residence” and the wording of the section, which is “used principally ... as a place of residence.”
Therefore, the question is whether the principal use of the premises is as a place of residence by the landlord. Judge Broadmore considered this interpretation reflects the policy objectives of the Act: 2 Relevantly, it is intended to govern landlord/tenant relationships which are primarily commercial. Section 5(n) appears to me intended to cover the situation of the owner or tenant of a house letting out a bedroom or bedsitting room to a tenant or sub-tenant while the principal use of the house remains as accommodation for the landlord and the landlord's family. On this reading, the exception could apply only to small scale and limited letting, because the principal use of the property would have to be as a residence for the landlord and the landlord could have only one or perhaps two properties which could be so described.
The judge also said that duration of occupancy could, in some instances, assist in deciding whether the principal us is as a residence for the landlord. 3
In that case, the owner occupied one bedroom out of nine and shared the common area equally with other flatmates. The judge found that his use of the property was commensurate with that of the other occupants and therefore his use of the property could not be regarded as the principal use.
Section 8 says that nothing in any of sections 5 to 7 prevents the parties to a tenancy that would otherwise be excluded from this Act from agreeing in writing that all or any of the provisions of this Act shall apply in respect of the tenancy.
I find that that this Tribunal has jurisdiction for the following reasons: 1 Section 5(1)(n). 2 At [41] 3 At [42] a. although the written agreement between the parties did not specifically cite the “Residential Tenancies Act”, it was the intention of the parties that it would apply. The agreement is called a Residential Tenancy; b. although Ms [B] rented out only one room, it was occupied by two people, meaning that the property was no longer used principally as her place of residence; c. during the tenancy, Ms [B] was working out of town and stayed away much of the time, only returning to the property one or two nights a week. She described the tenants as having free rein of the property.

How much is owed for rent?

The tenancy ended on 25 January 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $1,254.00. Other compensation
Mr [A] said that the tenants did not return the keys and so he has had the locks changed. He also produced photographs of damaged doors that he said was caused by the tenants.
Usually, a landlord is required to produce invoices or receipts. However, in the absence of any contrary evidence from the tenants, I am satisfied that on the balance of probabilities that the tenants did not return the keys and caused the damage. The amount claimed of $250 is reasonable and so I order the tenants to pay that.
The landlord has been fully successful and so an order is made for reimbursement of the filing fee and for suppression of the names and identifying details of the landlords.

Claims and awards in Tenancy Tribunal application 5423208 — net $1,532.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 January 2026	$1,254.00	Rent arrears to 25 January 2026
Repairs: including lock replacement	$250.00	Repairs: including lock replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,532.00
Total payable by Tenant to Landlord	$1,532.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Under section 78(1)(a) of the Residential Tenancies Act 1986, it is declared that the agreement between the parties is a residential tenancy and the Tribunal has jurisdiction.
Rebecca Sharon Zanders and Ella Jessica Zanders-Mills must pay [The landlord/s] $1,482.00 immediately, calculated as shown in table below.

Reasons

The landlord’s representative, Mr [A], attended the hearing. There was no appearance for the tenant.
Because the landlord’s address for service is the same as the tenancy address, I explored whether the Residential Tenancies Act 1986 applies to the agreement between the parties.
The landlord entered into an agreement to rent a room to the tenants. Ms [B] has been living at the premises.
Section 5 specifies some exclusions under the Act. One of those exclusions is where the premises, 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. 1
The landlord’s representative pointed out that the parties intended the arrangement to be covered by the Act. They signed an agreement called “Residential Tenancy Agreement”, in which they said that the law would apply to them. The agreement simply refers to “the Act” without specific reference to the Residential Tenancies Act.
In many cases the Tribunal or court has asked the question of whether the premises were the principal place of residence. In the case of Musson v Dobrisek CIV-2006-032-36, 5 May 2006, the District Court drew a distinction between the words “used as the principal place of residence” and the wording of the section, which is “used principally ... as a place of residence.”
Therefore, the question is whether the principal use of the premises is as a place of residence by the landlord. Judge Broadmore considered this interpretation reflects the policy objectives of the Act: 2 Relevantly, it is intended to govern landlord/tenant relationships which are primarily commercial. Section 5(n) appears to me intended to cover the situation of the owner or tenant of a house letting out a bedroom or bedsitting room to a tenant or sub-tenant while the principal use of the house remains as accommodation for the landlord and the landlord's family. On this reading, the exception could apply only to small scale and limited letting, because the principal use of the property would have to be as a residence for the landlord and the landlord could have only one or perhaps two properties which could be so described.
The judge also said that duration of occupancy could, in some instances, assist in deciding whether the principal us is as a residence for the landlord. 3
In that case, the owner occupied one bedroom out of nine and shared the common area equally with other flatmates. The judge found that his use of the property was commensurate with that of the other occupants and therefore his use of the property could not be regarded as the principal use.
Section 8 says that nothing in any of sections 5 to 7 prevents the parties to a tenancy that would otherwise be excluded from this Act from agreeing in writing that all or any of the provisions of this Act shall apply in respect of the tenancy.
I find that that this Tribunal has jurisdiction for the following reasons: 1 Section 5(1)(n). 2 At [41] 3 At [42] a. although the written agreement between the parties did not specifically cite the “Residential Tenancies Act”, it was the intention of the parties that it would apply. The agreement is called a Residential Tenancy; b. although Ms [B] rented out only one room, it was occupied by two people, meaning that the property was no longer used principally as her place of residence; c. during the tenancy, Ms [B] was working out of town and stayed away much of the time, only returning to the property one or two nights a week. She described the tenants as having free rein of the property.

How much is owed for rent?

The tenancy ended on 25 January 2026. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $1,254.00. Other compensation
Mr [A] said that the tenants did not return the keys and so he has had the locks changed. He also produced photographs of damaged doors that he said was caused by the tenants.
Usually, a landlord is required to produce invoices or receipts. However, in the absence of any contrary evidence from the tenants, I am satisfied that on the balance of probabilities that the tenants did not return the keys and caused the damage. The amount claimed of $250 is reasonable and so I order the tenants to pay that.
The landlord has been fully successful and so an order is made for reimbursement of the filing fee and for suppression of the names and identifying details of the landlords.

Tenancy Tribunal case 5423208 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5423208 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions