Tenantcheck Insights · Case study
Tenancy Tribunal case 5453943 — Boarding House at 132 Sandringham Road, Sandringham, Auckland 1025
Decided 10 June 2026 · Published 10 June 2026 · Application 5453943
- Boarding House
At a glance
Key facts from the published tribunal order.
Outcome
Dismissed
From published order
Location
Auckland
Tribunal region
Adjudicator
N Walker
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
- By declaration, the Tribunal does not have jurisdiction under the Residential Tenancies Act 1986 in relation to the premises occupied by Markus Kein Geard at 132 Sandringham Road, Sandringham.
- The application is dismissed.
Reasons
- The tenant attended the hearing held on 10 June 2026 by video. The landlord did not attend the hearing.
- The tenant has applied for refund of the bond.
- The application states that the tenancy was advertised as a room in a four- bedroom, 2-bathroom house and the landlord referred to himself as an “owner- occupied landlord”.
- It appeared that this matter may be outside the jurisdiction of the Tribunal.
- Section 5(1) of the Residential Tenancies Act 1986 states, This Act shall not apply in the following cases: ... (n)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 owners family.
- The premises is not a boarding house because it does not come within the definition as set out in section 66B of the Residential Tenancies Act 1986 which states, boarding house means residential premises— (a) containing 1 or more boarding rooms along with facilities for communal use by the tenants of the boarding house; and (b) occupied, or intended by the landlord to be occupied, by at least 6 tenants at any one time
- After hearing from the tenant and considering the evidence and in accordance with section 5(1)(n) it is declared that the Act does not apply in this situation and therefore the Tribunal does not have jurisdiction.
- The application is dismissed.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s5(1), s66B
Key findings
- Dispute theme: boarding house
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5453943?
The tribunal order states: By declaration, the Tribunal does not have jurisdiction under the Residential
How much money was awarded in case 5453943?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5453943?
The primary dispute was Boarding House.
Where can I read the official tribunal order for case 5453943?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13729431-Tenancy_Tribunal_Order.pdf.