What was the outcome of Tenancy Tribunal case 4767897?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4767897?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4767897?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4767897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10090076-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4767897?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4767897?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4767897?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4767897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10090076-Tenancy_Tribunal_Order.pdf.

32 Belle Terrace, Waiheke Island, RD 1, Waiheke Island Tenancy Tribunal Case 4767897 — Boarding House

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Both parties attended the hearing.

The application concerns a tenancy at 32 Belle Terrace Waiheke Island.

The premises is an older style Waiheke Island premises consisting of an original cottage that was extended, possibly in the 1970’s.

Mr Hamilton is the landlord and he rented part of the premises, the extension, to Mr Tong.

The premises has two wings: the owner’s wing and the boarder’s wing.

Mr Tong’s wing has a bedroom, a kitchenette and a living room.

Joining the two wings is a bathroom and a courtyard that both parties share. As such it is not the sort of mainland property that is commonly built today, but that isn’t determinative of what the premises is: it is one building with two bedrooms and separate living areas.

The tenancy agreement is written on a standard Tenancy Services form.

A copy of the tenancy agreement provided by Mr Tong includes a page with some handwritten conditions, including one that reads: “Private contract between owner Mr Ian Hamilton and Boarder...” This also isn’t determinative of whether or not the tenancy is a boarding tenancy, but it does indicate that from the outset Mr Tong was given information that Mr Hamilton considered it to be one.

Section 5 of the Residential Tenancies Act, 1986 states: (1) 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 owner’s family:

Mr Hamilton is the owner of the premises that Mr Tong rented and Mr Hamilton continued to live there during Mr Tong’s tenancy.

For the above reasons I am satisfied both Mr Hamilton and Mr Tong live in the same premises.

As such Mr Tong’s application falls foul of the section 5(n) exclusion, and this means the Tenancy Tribunal does not have jurisdiction to hear the application.

Reasons