What was the outcome of Tenancy Tribunal case 4797939?

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

How much money was awarded in case 4797939?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4797939?

The primary dispute was Rent arrears. Related themes: State of repair, Healthy homes.

Where can I read the official tribunal order for case 4797939?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10109105-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4797939?

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

How much money was awarded in case 4797939?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4797939?

The primary dispute was Rent arrears. Related themes: State of repair, Healthy homes.

Where can I read the official tribunal order for case 4797939?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10109105-Tenancy_Tribunal_Order.pdf.

37 Ngatiawa Street, One Tree Hill, Auckland 1061 Tenancy Tribunal Case 4797939 — Rent arrears

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Reasons

The hearing was conducted on Microsoft Teams.

The head tenant attended by video. The tenant attended by telephone.

The head tenant applies for $214.30 in alleged rent arrears and $118.84 in alleged outgoings arrears.

However, the file is marked as requiring the issue of jurisdiction determined.

Put simply, the Tribunal has jurisdiction to hear disputes between landlords and tenants only. It does not have jurisdiction to hear disputes between flatmates. Does the Tribunal have jurisdiction to hear the parties’ claims? Legal principles

The long title of the Residential Tenancies Act 1986 (RTA) states, among other things, it is a establish a Tribunal to determine disputes between landlords and tenants of residential properties. It is: An Act to reform and restate the law relating to residential tenancies, to define the rights and obligations of landlords and tenants of residential properties, to establish a tribunal to determine expeditiously disputes arising between such landlords and tenants, to establish a fund in which bonds payable by such tenants are to be held...

The RTA sets out the Tribunal’s jurisdiction under the heading “Jurisdiction” at ss 77-85. Section 77(1) is the foundational subsection: 77 Jurisdiction of Tribunal (1) The Tribunal has, subject to the Limitation Act 2010, jurisdiction to determine in accordance with this Act any dispute that— (a) exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and (b) relates to any tenancy to which this Act applies or to which this Act did apply at any material time.

The meaning of the words “landlord”, “tenant”, and “tenancy” are core to assessing jurisdiction. In s 2 of RTA “unless the context otherwise requires” the RTA applies the following meanings to those words: landlord, in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the agreement... tenant, in relation to any residential premises that are the subject of a tenancy agreement, means the grantee of a tenancy of the premises under agreement... tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent ... Discussion

The parties signed a “Flat house - sharing agreement”. The head tenant rents the premises from the landlord. She has flatmates who share the rent and utility costs.

The agreement states, “In the event of any dispute, the parties agree that the dispute will be determined by the Disputes Tribunal.”

It would not make sense foist a landlord’s obligations, such as the obligation to maintain the house in a reasonable state of repair and comply with the Healthy Homes Standards, on the head tenant. Similarly, it would be inapt for a tenant to assert their tenant rights against a landlord not against the landlord, but against another tenant. Conclusion

The parties’ relationship is that of a head tenant and a tenant, not a landlord and a tenant.

It follows, the Tribunal does not have jurisdiction to hearing the application, which will be dismissed for want of jurisdiction.

Reasons

The hearing was conducted on Microsoft Teams.

The head tenant attended by video. The tenant attended by telephone.

The head tenant applies for $214.30 in alleged rent arrears and $118.84 in alleged outgoings arrears.

However, the file is marked as requiring the issue of jurisdiction determined.

The parties signed a “Flat house - sharing agreement”. The head tenant rents the premises from the landlord. She has flatmates who share the rent and utility costs.

The agreement states, “In the event of any dispute, the parties agree that the dispute will be determined by the Disputes Tribunal.”

The parties’ relationship is that of a head tenant and a tenant, not a landlord and a tenant.

It follows, the Tribunal does not have jurisdiction to hearing the application, which will be dismissed for want of jurisdiction.

Tenancy Tribunal case 4797939 — Rent arrears at 37 Ngatiawa Street, One Tree Hill, Auckland 1061

At a glance

Tenancy Tribunal case 4797939 — Rent arrears at 37 Ngatiawa Street, One Tree Hill, Auckland 1061

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