What was the outcome of Tenancy Tribunal case 5447948?

The tribunal order states: This Tribunal does not have jurisdiction to the hear the application.

How much money was awarded in case 5447948?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5447948?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5447948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13524928-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5447948?

The tribunal order states: This Tribunal does not have jurisdiction to the hear the application.

How much money was awarded in case 5447948?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5447948?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5447948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13524928-Tenancy_Tribunal_Order.pdf.

68 Opawa Road, Waltham, Christchurch 8023 Tenancy Tribunal Case 5447948 — Boarding House

Order

This Tribunal does not have jurisdiction to the hear the application.
The application is struck out.

Reasons

Both parties attended the hearing by video.
There is a preliminary issue whether the Tribunal can hear the claim. Section 77(1) Residential Tenancies Act 1986 provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies. Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded.
This Tribunal does not have jurisdiction to hear disputes between flatmates. “Flatmates” refers to the situation where a group rent premises from a landlord. Or, where one person rents premises from a landlord and then shares the property with others.
In this case, Ms Varlet owns the property. It is her home. She rented a room to Mr MacMorland using the flat-sharing agreement template from Tenancy Services website. The rent was $280 per week and included all outgoings.
Section 2(1) RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: 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 tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement
Section 5 RTA sets out a variety of circumstances where a tenancy is excluded from the Act.
Section 5(1)(n) RTA provides 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
The parties both signed the house sharing agreement. The agreement records that the Residential Tenancies Act does not apply and that any disputes will be resolved by the Disputes Tribunal.
When determining whether the Act is excluded, the Tribunal considers the substance of the agreement between the parties rather than the labels they have applied.
This is not a situation where Mr MacMorland has rented a self-contained “premise” within the landlord’s home. 1 Ms Laurent said that these premises are 1 See Harding v Schellevis, Tan and Caroto [2021] NZHC 1265 her home. She travels frequently, but this is where she lives, this is where her belongings are. The house (including Mr MacMorland’s room) was fully furnished by Ms Laurent. The premises are used principally as Ms Laurent’s place of residence.
I find that the exclusion in s5(1)(n) RTA applies to the living arrangements between Ms Laurent and Mr MacMorland.
The application is struck out for lack of jurisdiction.

Order

This Tribunal does not have jurisdiction to the hear the application.
The application is struck out.

Reasons

Both parties attended the hearing by video.
There is a preliminary issue whether the Tribunal can hear the claim. Section 77(1) Residential Tenancies Act 1986 provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies. Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded.
This Tribunal does not have jurisdiction to hear disputes between flatmates. “Flatmates” refers to the situation where a group rent premises from a landlord. Or, where one person rents premises from a landlord and then shares the property with others.
In this case, Ms Varlet owns the property. It is her home. She rented a room to Mr MacMorland using the flat-sharing agreement template from Tenancy Services website. The rent was $280 per week and included all outgoings.
Section 2(1) RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: 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 tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement
Section 5 RTA sets out a variety of circumstances where a tenancy is excluded from the Act.
Section 5(1)(n) RTA provides 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
The parties both signed the house sharing agreement. The agreement records that the Residential Tenancies Act does not apply and that any disputes will be resolved by the Disputes Tribunal.
When determining whether the Act is excluded, the Tribunal considers the substance of the agreement between the parties rather than the labels they have applied.
This is not a situation where Mr MacMorland has rented a self-contained “premise” within the landlord’s home. 1 Ms Laurent said that these premises are 1 See Harding v Schellevis, Tan and Caroto [2021] NZHC 1265 her home. She travels frequently, but this is where she lives, this is where her belongings are. The house (including Mr MacMorland’s room) was fully furnished by Ms Laurent. The premises are used principally as Ms Laurent’s place of residence.
I find that the exclusion in s5(1)(n) RTA applies to the living arrangements between Ms Laurent and Mr MacMorland.
The application is struck out for lack of jurisdiction.

Tenancy Tribunal case 5447948 — Boarding House at 68 Opawa Road, Waltham, Christchurch 8023

At a glance

Tenancy Tribunal case 5447948 — Boarding House at 68 Opawa Road, Waltham, Christchurch 8023

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions