What was the outcome of Tenancy Tribunal case 4819107?

The tribunal order states: It is declared that the Tenancy Tribunal does not have jurisdiction in respect of

How much money was awarded in case 4819107?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4819107?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 4819107?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10499487-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4819107?

The tribunal order states: It is declared that the Tenancy Tribunal does not have jurisdiction in respect of

How much money was awarded in case 4819107?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4819107?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 4819107?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10499487-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 45 Holland Road, Hillcrest, Auckland 0627 Tenancy Tribunal Case 4819107 — Rent arrears

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Reasons

The landlord attended the hearing by telephone and had the assistance of a mandarin interpreter.

The landlord applied for rent arrears and costs for repairs. The landlord brought the application against only one tenant because the other tenant had given notice to end the tenancy and had vacated the premises. This tenant had not left.

The landlord considered that this was a boarding house tenancy. A boarding house tenancy agreement was signed by the parties.

The landlord described the premises as two levels with her mother and another tenancy (a family of 4) occupying the upstairs level. The tenant and the other tenant named on the tenancy agreement occupied the downstairs level which consisted of two bedrooms, a lounge and a bathroom. There was no kitchen, but the landlord had supplied a kettle and microwave.

While the kitchen was upstairs the tenant did not use it. The landlord said that the tenant had access to upstairs but did not go upstairs.

Section 66B Residential Tenancies Act 1986 defines boarding house as residential premises containing 1 or more boarding rooms along with facilities for communal use by the tenants of the boarding house and occupied or intended by the landlord to be occupied, by at least 6 tenants at any one time.

While the landlord may have intended for there to be at least 6 tenants, the evidence shows that there were no communal facilities. I therefore declare that this is not a boarding house tenancy.

It is also necessary to consider whether any of the exclusions contained in section 5 Residential Tenancies Act 1986 applies to this situation. That is because the landlord’s mother resides at the premises.

Section 5(1)(n) Residential Tenancies Act 1986 provides that the Act shall not apply 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 family.

As the landlord’s mother lives in the premises and this is her principal place of residence, the Act does not apply.

The landlord’s application is dismissed.

Reasons

The landlord attended the hearing by telephone and had the assistance of a mandarin interpreter.

The landlord considered that this was a boarding house tenancy. A boarding house tenancy agreement was signed by the parties.

While the kitchen was upstairs the tenant did not use it. The landlord said that the tenant had access to upstairs but did not go upstairs.

While the landlord may have intended for there to be at least 6 tenants, the evidence shows that there were no communal facilities. I therefore declare that this is not a boarding house tenancy.

As the landlord’s mother lives in the premises and this is her principal place of residence, the Act does not apply.

The landlord’s application is dismissed.

Tenancy Tribunal case 4819107 — Rent arrears at Unit/Flat 1, 45 Holland Road, Hillcrest, Auckland 0627

At a glance

Tenancy Tribunal case 4819107 — Rent arrears at Unit/Flat 1, 45 Holland Road, Hillcrest, Auckland 0627

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