Tenantcheck Insights · Case study
Tenancy Tribunal case 5451991 — Tenancy dispute
Decided 7 May 2026 · Published 7 May 2026 · Application 5451991
- Property damage
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
R Harvey-Lane
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
- The Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
- The application is dismissed because the Tenancy Tribunal does not have jurisdiction to hear it.
Reasons
- The tenant attended the hearing. There was no appearance by the landlord and the hearing proceeded in their absence.
- The applicant is a student residing at the address under an occupation agreement with the relevant university. A dispute has arisen between the parties with respect to a damage charge.
- The Tribunal has jurisdiction to hear disputes between landlords and tenants, provided the dispute related to a tenancy to which the Residential Tenancy Act 1986 (RTA) applies.
- Section 4 of the RTA provides that the RTA applies to every tenancy for residential purposes except where specifically excluded. Section 5 sets out the exclusions and particular circumstances where the RTA does not apply.
- Section 5(1)(h)(ii) of the RTA provides that the RTA does not apply where the premises are used to provide accommodation to students in accordance with the requirements of section 5B.
- Section 5B of the RTA sets out in some detail the requirements for exempt accommodation. In summary, it states that the RTA does not apply if, amongst other things, the premises are used to provide accommodation exclusively for students of one or more tertiary providers, and the premises are owned or operated by a tertiary provider, or they have entered into a written agreement to do so.
- The tenant entered into a written agreement with relevant university and advised at the hearing that everyone who lived in the accommodation attended the same university. The agreement required the occupant to be enrolled as a full-time student at the university during the residency period and required passes in papers. The agreement provided refers to house or residential rules that everyone must comply with and also refers to support and pastoral care and an environment managed in accordance with the residential rules to foster personal development and encourage a sense of community with fellow residents.
- Accordingly, I am satisfised that the Tribunal does not have jurisdiction to determine the dispute relating to this occupation agreement, as it is specifically excluded from the RTA.
- The application is dismissed for want of jurisdiction.
- I have on my own accord granted name suppression to both parties. Any benefit of the decision can be obtained without publication of names. See section 95A of the RTA. R Harvey-Lane 7 May 2026