What was Tenancy Tribunal case 5446273 about?

The tribunal order states: There is an order suppressing the names and identifying details of both parties.

How much money was awarded in case 5446273?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5446273?

The primary dispute was Exemplary damages. Related themes: Boarding House.

Where can I read the official tribunal order for case 5446273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13730048-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5446273 about?

The tribunal order states: There is an order suppressing the names and identifying details of both parties.

How much money was awarded in case 5446273?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5446273?

The primary dispute was Exemplary damages. Related themes: Boarding House.

Where can I read the official tribunal order for case 5446273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13730048-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5446273 — Exemplary damages

Tenantcheck Insights

Reasons

Both parties attended the hearing, which was conducted by video.

The applicant has filed for a refund of bond, refund of rent and exemplary damages.

As explained at the hearing, the first issue to determine is whether there is jurisdiction under the Residential Tenancies Act 1986 (the Act). The question of jurisdiction was also noted in the Notice of Hearing that went to the parties.

Section 5 of the Act sets out various situations which are excluded under the Act. In particular, section 5(1)(n) says that the Act does 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.

There was a written agreement between the parties which is called an Accommodation Sharing Agreement. It records rent of $220, comprising $190 for the room and $30 for power, internet and council rubbish disposal. The applicant is referred to as a “home seeker” and a “flatmate”.

The written agreement is not determinative of the arrangement. An assessment of the facts of this particular case is required.

There is no dispute that: a. The respondent owns the premises. b. She and her school-age daughter live in the main house. c. The sleep out was let to the applicant. d. The applicant and respondent shared the kitchen, laundry and bathroom facilities in the main house. e. The sleep out was let as a bedroom. f. No other bedrooms were let to anyone else.

Based on this, I am satisfied that the agreement between the parties is not covered by the Act. The premises continued to be used principally as a place of residence for the owner and her daughter and so the agreement is excluded under section 5(1)(n).

I therefore declare under section 78(1)(a) that the Tribunal does not have jurisdiction, which means that the Tribunal cannot make any rulings on the dispute between the parties.

It is possible that the parties may be able to have this dispute resolved in the Disputes Tribunal.

Reasons

Both parties attended the hearing, which was conducted by video.

The applicant has filed for a refund of bond, refund of rent and exemplary damages.

The written agreement is not determinative of the arrangement. An assessment of the facts of this particular case is required.

I therefore declare under section 78(1)(a) that the Tribunal does not have jurisdiction, which means that the Tribunal cannot make any rulings on the dispute between the parties.

It is possible that the parties may be able to have this dispute resolved in the Disputes Tribunal.

Tenancy Tribunal case 5446273 — Exemplary damages

At a glance

Claims & awards

Tenancy Tribunal case 5446273 — Exemplary damages

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions