What was the outcome of Tenancy Tribunal case 4712651?

The tribunal order states: Under sections 77(2)(ab) and 78(1)(a) I make an order declaring that the premises at

How much money was awarded in case 4712651?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4712651?

The primary dispute was Healthy homes. Related themes: Boarding House.

Where can I read the official tribunal order for case 4712651?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9731575-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4712651?

The tribunal order states: Under sections 77(2)(ab) and 78(1)(a) I make an order declaring that the premises at

How much money was awarded in case 4712651?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4712651?

The primary dispute was Healthy homes. Related themes: Boarding House.

Where can I read the official tribunal order for case 4712651?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9731575-Tenancy_Tribunal_Order.pdf.

113 Marinoto Road, Shannon, RD 4, Shannon 4474 Tenancy Tribunal Case 4712651 — Healthy homes

Order

Under sections 77(2)(ab) and 78(1)(a) I make an order declaring that the premises at 113 Marinoto Road, Shannon, RD4 are not a boarding house.

Reasons

Both parties attended the hearing.
The applicant has applied for a number of orders under the Residential Tenancies Act, including work orders for maintenance and breaches of the Healthy Homes Standards. She is also seeking a declaration that the premises are a boarding house. Since filing her application, the applicant has moved out on the property. She left on 25 October 2023.
The respondent says that there is no boarding house tenancy, and that the applicant was a flatmate. The Act
Section 4 of the Residential Tenancies Act (the Act) applies to every tenancy for residential purposes, except as set out in the Act.
“Residential premises” is defined in section 2(1) of the Act as: 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.
Section 10 of the Act provides says: Where, in any proceedings before the Tribunal, any party contends that this Act does not apply in respect of any tenancy of any residential premises, it shall be for that party to establish the facts upon which it is contended that this Act does not apply.
Section 66B is an interpretation section that provides a number of definitions concerning boarding house tenancies. According to that section: 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 boarding house tenancy means a residential tenancy in a boarding house— a. that is intended to, or that does in fact, last for 28 days or more; and b. under which the tenant is granted exclusive rights to occupy particular sleeping quarters in the boarding house, and has the right to the shared use of the facilities of the boarding house.
The exceptions to the Act are contained in Section 5. Section 5(1)(n) of the Act says: 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 facts
The parties agreed that the premises have four bedrooms and at the time that the applicant lived there, there were 6 residents, including Mr Hutchinson.
Mr Hutchinson produced a letter dated 29 November 2023 from Lucy Carline and a copy of a rates invoice dated 13 November 2023 for 103 to 113 Marinoto Road addressed to Grant and Lucy Carline. In the letter Ms Carline said they are the owners of 113 Marinoto Road, which is a rural property of 19 acres which they farm. There is also a four bedroom house on it. She said that their daughter, and her partner, the respondent have been living at the property for approximately 2 years, and that within the last couple of months their daughter has relocated to Whanganui and that Mr Hutchison is looking after the house for them, They have agreed to him having flatmates to cover his costs.
It was suggested to Mr Hutchinson during the hearing that he was essentially living in the home of his “in-laws” and therefore section 5(1)(n) applied. This was a proposition he was reluctant to accept. Case law
The High Court considered the interpretation of section 66B in Karmaker v Pandem [2018] NZHC 693, noting at paragraph 27: Another concern has been that a simplistic application of the definitions (i.e. by deciding the question solely by reference to the number of bedrooms in a house) could result in large numbers of residential tenancies becoming boarding house tenancies, with the consequence, unintended by landlord or tenants, that some of their provisions would become unenforceable following the decisions in Platinum Rentals and Portfolio Property. 1
Justice van Bohemen went on to observe that the intention of the parties cannot override the intention of Parliament. 2 His Honour posed the following questions to assist in determining whether an agreement is a boarding house agreement: 3 (a) Does the house contain one or more bedrooms along with facilities for communal use by the tenants? (b) Is the house occupied or intended to be occupied by 6 or more tenants? (c) Is the tenancy intended to, or does in fact, last for 28 days or more? (d) Are tenants granted exclusive rights to occupy particular bedrooms, whether that occupancy is for single or shared use? (e) Does the right to occupy a particular bedroom derive from the tenancy agreement between the individual tenant and the landlord rather than from a collective decision of the tenants?
It is the last question that is relevant in the present case. There was no contract between the owners of the premises and the applicant at all, let alone an agreement that the applicant occupy a particular bedroom. There is no evidence that the respondent was sub-leasing to the applicant. The right to occupy a particular room derived from an agreement with the respondent, rather than from an agreement between the applicant and the owner.
Accordingly I have determined that there was no boarding house tenancy in this instance.

Order

Under sections 77(2)(ab) and 78(1)(a) I make an order declaring that the premises at 113 Marinoto Road, Shannon, RD4 are not a boarding house.

Reasons

Both parties attended the hearing.
The applicant has applied for a number of orders under the Residential Tenancies Act, including work orders for maintenance and breaches of the Healthy Homes Standards. She is also seeking a declaration that the premises are a boarding house. Since filing her application, the applicant has moved out on the property. She left on 25 October 2023.
The respondent says that there is no boarding house tenancy, and that the applicant was a flatmate. The Act
Section 4 of the Residential Tenancies Act (the Act) applies to every tenancy for residential purposes, except as set out in the Act.
“Residential premises” is defined in section 2(1) of the Act as: 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.
Section 10 of the Act provides says: Where, in any proceedings before the Tribunal, any party contends that this Act does not apply in respect of any tenancy of any residential premises, it shall be for that party to establish the facts upon which it is contended that this Act does not apply.
Section 66B is an interpretation section that provides a number of definitions concerning boarding house tenancies. According to that section: 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 boarding house tenancy means a residential tenancy in a boarding house— a. that is intended to, or that does in fact, last for 28 days or more; and b. under which the tenant is granted exclusive rights to occupy particular sleeping quarters in the boarding house, and has the right to the shared use of the facilities of the boarding house.
The exceptions to the Act are contained in Section 5. Section 5(1)(n) of the Act says: 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 facts
The parties agreed that the premises have four bedrooms and at the time that the applicant lived there, there were 6 residents, including Mr Hutchinson.
Mr Hutchinson produced a letter dated 29 November 2023 from Lucy Carline and a copy of a rates invoice dated 13 November 2023 for 103 to 113 Marinoto Road addressed to Grant and Lucy Carline. In the letter Ms Carline said they are the owners of 113 Marinoto Road, which is a rural property of 19 acres which they farm. There is also a four bedroom house on it. She said that their daughter, and her partner, the respondent have been living at the property for approximately 2 years, and that within the last couple of months their daughter has relocated to Whanganui and that Mr Hutchison is looking after the house for them, They have agreed to him having flatmates to cover his costs.
It was suggested to Mr Hutchinson during the hearing that he was essentially living in the home of his “in-laws” and therefore section 5(1)(n) applied. This was a proposition he was reluctant to accept. Case law
The High Court considered the interpretation of section 66B in Karmaker v Pandem [2018] NZHC 693, noting at paragraph 27: Another concern has been that a simplistic application of the definitions (i.e. by deciding the question solely by reference to the number of bedrooms in a house) could result in large numbers of residential tenancies becoming boarding house tenancies, with the consequence, unintended by landlord or tenants, that some of their provisions would become unenforceable following the decisions in Platinum Rentals and Portfolio Property. 1
Justice van Bohemen went on to observe that the intention of the parties cannot override the intention of Parliament. 2 His Honour posed the following questions to assist in determining whether an agreement is a boarding house agreement: 3 (a) Does the house contain one or more bedrooms along with facilities for communal use by the tenants? (b) Is the house occupied or intended to be occupied by 6 or more tenants? (c) Is the tenancy intended to, or does in fact, last for 28 days or more? (d) Are tenants granted exclusive rights to occupy particular bedrooms, whether that occupancy is for single or shared use? (e) Does the right to occupy a particular bedroom derive from the tenancy agreement between the individual tenant and the landlord rather than from a collective decision of the tenants?
It is the last question that is relevant in the present case. There was no contract between the owners of the premises and the applicant at all, let alone an agreement that the applicant occupy a particular bedroom. There is no evidence that the respondent was sub-leasing to the applicant. The right to occupy a particular room derived from an agreement with the respondent, rather than from an agreement between the applicant and the owner.
Accordingly I have determined that there was no boarding house tenancy in this instance.

Tenancy Tribunal case 4712651 — Healthy homes at 113 Marinoto Road, Shannon, RD 4, Shannon 4474

At a glance

Tenancy Tribunal case 4712651 — Healthy homes at 113 Marinoto Road, Shannon, RD 4, Shannon 4474

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