What was the outcome of Tenancy Tribunal case 4701129?

The tribunal order states: The tenant’s application is dismissed as the Tenancy Tribunal does not have

How much money was awarded in case 4701129?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4701129?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4701129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10311298-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4701129?

The tribunal order states: The tenant’s application is dismissed as the Tenancy Tribunal does not have

How much money was awarded in case 4701129?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4701129?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4701129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10311298-Tribunal_Order.pdf.

Unit/Flat 2, 40 Epsom Avenue, Epsom, Auckland 1023 Tenancy Tribunal Case 4701129 — Healthy homes

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Order

The tenant’s application is dismissed as the Tenancy Tribunal does not have jurisdiction to deal with disputes between flatmates.

Reasons

Both parties attended the hearing.
I use the term “tenant” and “landlord” solely as a matter on convenience in this Order.
The tenant filed an application in the Tenancy Tribunal claiming that the premises did not comply with the Healthy Homes Standards under the Residential Tenancies Act 1986 (RTA) and failure to maintain the property. The tenant sought exemplary damages for the breaches of the RTA. There were claims about overcharging of rent and water bills.
Prior to hearing evidence of any alleged breaches of the RTA and the Tenancy Agreement, I had to determine whether the tenant’s claim had any standing in the Tenancy Tribunal.
The RTA applies to the relationship between landlords and tenants, outlines their respective rights and obligations and provides a system for resolving tenancy disputes between the parties.
A tenant is someone who rents a property from a landlord. Several people can rent a property and live together, as co-tenants meaning they all signed the tenancy agreement and are all jointly and severely liable to the landlord for breaches of the RTA and tenancy agreement.
Anyone who lives at the property but is not named on the Tenancy Agreement is a flatmate. Flatmates are not covered by the RTA.
There is no dispute that the tenant was not named on the Tenancy Agreement. The tenant says she was a sub tenant and there was a head tenant who was named on the Tenancy Agreement.
This dispute is not between the landlord and the tenant, as there was no relationship between this tenant and the landlord. The dispute is between the sub tenant and the previous head tenant. The appropriate avenue for this claim in in the Disputes Tribunal.
I have determined that the Tenancy Tribunal does not have jurisdiction to deal with this dispute between tenants.

Tenancy Tribunal case 4701129 — Healthy homes at Unit/Flat 2, 40 Epsom Avenue, Epsom, Auckland 1023

At a glance

Tenancy Tribunal case 4701129 — Healthy homes at Unit/Flat 2, 40 Epsom Avenue, Epsom, Auckland 1023

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions