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Tenantcheck Insights · Case study

Tenancy Tribunal case 5465834 — Boarding House in New Lynn, Auckland

Decided 17 Jun 2026 · Published 17 Jun 2026 · Application 5465834

Boarding House

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Auckland

Tribunal region

Adjudicator

R Kee

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Tenantcheck Insights · Case study

Tenancy Tribunal case 5465834 — Boarding House in New Lynn, Auckland

Decided 17 Jun 2026 · Published 17 Jun 2026 · Application 5465834

Boarding House

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Auckland

Tribunal region

Adjudicator

R Kee

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 application is dismissed for want of jurisdiction.

Reasons

The hearing was conducted on Microsoft Teams.
Both parties attended.
A Japanese interpreter attended for the applicant.
The applicant has filed a claim seeking return of $500.00 that she says was a bond.
The respondent says the $500.00 was to hold the room for the applicant for the two weeks before she arrived, the rent being $250.00 per week.
The respondent and her partner live in the premises. The premises has two bedrooms, one bathroom, and one kitchen. The applicant had her own bedroom as did the respondent and her partner. They shared the rest of the premises.
The situation was a kind of flatting situation. The Residential Tenancies Act 1986 does not typically apply to flatting arrangements. Section 5 of the Residential Tenancies Act 1986 sets out a variety of circumstances where a tenancy is excluded from the Act. Under s 5(1)(n), the Act “shall not apply”: (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 owner’s family...
I am satisfied that during the tenancy the respondent used the premises principally as a place of residence.
It follows, the Tribunal does not have jurisdiction to hear this claim. It is dismissed.
The Disputes Tribunal may have jurisdiction to hear such an application. The applicant may wish to lodge a claim in that Tribunal. If so, they should include a copy of this decision in their application to prove that the Tribunal has found it does not have jurisdiction to hear the application.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Boarding House Auckland

Residential Tenancies Act sections

s5, s5(1)

Key findings

Dispute theme: boarding house

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 5465834 about?

The tribunal order states: The application is dismissed for want of jurisdiction.

How much money was awarded in case 5465834?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5465834?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5465834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13764529-Tenancy_Tribunal_Order.pdf.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Order

The application is dismissed for want of jurisdiction.

Reasons

The hearing was conducted on Microsoft Teams.
Both parties attended.
A Japanese interpreter attended for the applicant.
The applicant has filed a claim seeking return of $500.00 that she says was a bond.
The respondent says the $500.00 was to hold the room for the applicant for the two weeks before she arrived, the rent being $250.00 per week.
The respondent and her partner live in the premises. The premises has two bedrooms, one bathroom, and one kitchen. The applicant had her own bedroom as did the respondent and her partner. They shared the rest of the premises.
The situation was a kind of flatting situation. The Residential Tenancies Act 1986 does not typically apply to flatting arrangements. Section 5 of the Residential Tenancies Act 1986 sets out a variety of circumstances where a tenancy is excluded from the Act. Under s 5(1)(n), the Act “shall not apply”: (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 owner’s family...
I am satisfied that during the tenancy the respondent used the premises principally as a place of residence.
It follows, the Tribunal does not have jurisdiction to hear this claim. It is dismissed.
The Disputes Tribunal may have jurisdiction to hear such an application. The applicant may wish to lodge a claim in that Tribunal. If so, they should include a copy of this decision in their application to prove that the Tribunal has found it does not have jurisdiction to hear the application.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Boarding House Auckland

Residential Tenancies Act sections

s5, s5(1)

Key findings

Dispute theme: boarding house

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 5465834 about?

The tribunal order states: The application is dismissed for want of jurisdiction.

How much money was awarded in case 5465834?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5465834?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5465834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13764529-Tenancy_Tribunal_Order.pdf.