What was the outcome of Tenancy Tribunal case 4741070?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4741070?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4741070?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4741070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9783557-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4741070?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4741070?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4741070?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4741070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9783557-Tenancy_Tribunal_Order.pdf.

Unit/Flat Warehouse 6, 36 Faraday Street, Hospital Hill, Tenancy Tribunal Case 4741070 — Rent arrears

Order

No suppression orders apply around publication of this decision.
The application is dismissed for want of jurisdiction.

Reasons

Only the respondent attended the hearing which was held by teleconference. Gasoline Alley Limited was represented by Jason Wayne Lake. The applicant was telephoned on the number provided with their application on three occasions and each time it went to voicemail.
The application is for termination and possession of the tenancy along with compensation for rent arrears. There is a preliminary issue whether the Tribunal can hear the claim. Section 77(1) of the Residential Tenancies Act (“RTA”) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the RTA applies. Section 4 of the RTA provides that the RTA applies to all residential tenancies unless specifically excluded.
Section 2(1) of the RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: residential premises means 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 tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement
Section 5 of the RTA sets out a variety of circumstances where a tenancy is excluded from the RTA. Section 10 of the RTA provides that, where a party to proceedings contends that the RTA does not apply, they must establish the facts supporting their contention. In other words, they have the burden of proving the RTA does not apply.
Section 5(1)(a) of the RTA provides that the RTA does not apply where the premises are commercial premises. Section 2(1) of the RTA defines commercial premises as premises that are not residential. Section 2(3) of the RTA provides that, where leased premises are used for both residential and commercial purposes, they are deemed to be residential unless it is proved that they were let “principally for purposes other than residential purposes”.
When determining whether the RTA is excluded, the Tribunal considers the substance of the agreement between the parties rather than the labels they have applied.
Having heard from the respondent, I am satisfied the Tribunal does not have jurisdiction to determine the applications. This is primarily because the parties have a commercial lease for the storage of the respondent’s classic car collection and for the respondent to run his business of importing restoration parts for classic cars. My determination today is also based on the following: - a. The respondent has operated his business from the premises for approximately five years and has never lived at the premises. b. The parties signed an ADLS Agreement to Lease to reflect the arrangement and the lease does not allow anyone to sleep or live at the premises. c. There is no evidence that the parties ever intended the arrangement between them to be a residential tenancy or for the RTA to apply. d. The respondent is to pay rent and GST, which is a further indicator of an arrangement that is principally commercial. e. There are no other indicators that there is a residential tenancy agreement – such as the payment and lodging of a bond.
The respondent acknowledged that his business was behind in paying rent and that he had placed his classic cars on the market to clear the debt with the intention to pay the applicant back in full. The respondent explained that he had confirmed this with the applicant by email earlier in the week.
The applicant may have a claim in another jurisdiction, but the Tribunal cannot help today. T Lee-Lewis 20 December 2023

Order

No suppression orders apply around publication of this decision.
The application is dismissed for want of jurisdiction.

Reasons

Only the respondent attended the hearing which was held by teleconference. Gasoline Alley Limited was represented by Jason Wayne Lake. The applicant was telephoned on the number provided with their application on three occasions and each time it went to voicemail.
The application is for termination and possession of the tenancy along with compensation for rent arrears. There is a preliminary issue whether the Tribunal can hear the claim. Section 77(1) of the Residential Tenancies Act (“RTA”) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the RTA applies. Section 4 of the RTA provides that the RTA applies to all residential tenancies unless specifically excluded.
Section 2(1) of the RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: residential premises means 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 tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement
Section 5 of the RTA sets out a variety of circumstances where a tenancy is excluded from the RTA. Section 10 of the RTA provides that, where a party to proceedings contends that the RTA does not apply, they must establish the facts supporting their contention. In other words, they have the burden of proving the RTA does not apply.
Section 5(1)(a) of the RTA provides that the RTA does not apply where the premises are commercial premises. Section 2(1) of the RTA defines commercial premises as premises that are not residential. Section 2(3) of the RTA provides that, where leased premises are used for both residential and commercial purposes, they are deemed to be residential unless it is proved that they were let “principally for purposes other than residential purposes”.
When determining whether the RTA is excluded, the Tribunal considers the substance of the agreement between the parties rather than the labels they have applied.
Having heard from the respondent, I am satisfied the Tribunal does not have jurisdiction to determine the applications. This is primarily because the parties have a commercial lease for the storage of the respondent’s classic car collection and for the respondent to run his business of importing restoration parts for classic cars. My determination today is also based on the following: - a. The respondent has operated his business from the premises for approximately five years and has never lived at the premises. b. The parties signed an ADLS Agreement to Lease to reflect the arrangement and the lease does not allow anyone to sleep or live at the premises. c. There is no evidence that the parties ever intended the arrangement between them to be a residential tenancy or for the RTA to apply. d. The respondent is to pay rent and GST, which is a further indicator of an arrangement that is principally commercial. e. There are no other indicators that there is a residential tenancy agreement – such as the payment and lodging of a bond.
The respondent acknowledged that his business was behind in paying rent and that he had placed his classic cars on the market to clear the debt with the intention to pay the applicant back in full. The respondent explained that he had confirmed this with the applicant by email earlier in the week.
The applicant may have a claim in another jurisdiction, but the Tribunal cannot help today. T Lee-Lewis 20 December 2023

Tenancy Tribunal case 4741070 — Rent arrears at Unit/Flat Warehouse 6, 36 Faraday Street, Hospital Hill,

At a glance

Tenancy Tribunal case 4741070 — Rent arrears at Unit/Flat Warehouse 6, 36 Faraday Street, Hospital Hill,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions