What was the outcome of Tenancy Tribunal case 4867721?

The tribunal order states: The Tenancy tribunal does not have jurisdiction to determine this application. It

How much money was awarded in case 4867721?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4867721?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4867721?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10510825-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4867721?

The tribunal order states: The Tenancy tribunal does not have jurisdiction to determine this application. It

How much money was awarded in case 4867721?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4867721?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4867721?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10510825-Tenancy_Tribunal_Order.pdf.

9 Hayshed Street, Rolleston, Rolleston 7614 Tenancy Tribunal Case 4867721 — Boarding House

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Reasons

The applicant attended the hearing by telephone. The occupier’s brother also attended. The occupier has returned to Ukraine and could not be contacted for the hearing.

The applicant claims that the occupier breached an agreement regarding the living arrangements at 9 Hayshed St, Rolleston.

There is a preliminary issue whether the Tribunal can hear the claim. Section 77(1) Residential Tenancies Act 1986 provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies. Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded.

Section 5 RTA sets out a variety of circumstances where a tenancy is excluded from the Act.

Section 5(1)(n) RTA provides that the Act does 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’s family

Section 8 RTA provides that, where the Act is excluded by sections 5 to 7, if the premises are used for residential purposes, the parties can contract back into some or all of the provisions of the Act.

In this situation Mr Ng was the owner of the premises. The premises were his principal place of residence during the time that Mr Bazhak also lived at the property. This arrangement is excluded from the provisions of the RTA.

Further, there was no agreement to contract back into the RTA. The house sharing agreement prepared by Mr Ng, specifically states: a. “Flat/house sharing arrangement between tenants and other flatmates are not covered under the Residential Tenancies Act 1986.” b. In the event of any dispute, the parties agree that the dispute will be determined by the Disputes Tribunal.”

This Tribunal does not have jurisdiction to determine Mr Ng’s claim. The application is dismissed.

Reasons

The applicant attended the hearing by telephone. The occupier’s brother also attended. The occupier has returned to Ukraine and could not be contacted for the hearing.

The applicant claims that the occupier breached an agreement regarding the living arrangements at 9 Hayshed St, Rolleston.

Section 5 RTA sets out a variety of circumstances where a tenancy is excluded from the Act.

This Tribunal does not have jurisdiction to determine Mr Ng’s claim. The application is dismissed.

Tenancy Tribunal case 4867721 — Boarding House at 9 Hayshed Street, Rolleston, Rolleston 7614

At a glance

Tenancy Tribunal case 4867721 — Boarding House at 9 Hayshed Street, Rolleston, Rolleston 7614

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