What was the outcome of Tenancy Tribunal case 4882048?

The tribunal order states: This dispute does not fall under the Residential Tenancies Act, 1986, which

How much money was awarded in case 4882048?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4882048?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4882048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10471395-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4882048?

The tribunal order states: This dispute does not fall under the Residential Tenancies Act, 1986, which

How much money was awarded in case 4882048?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4882048?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4882048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10471395-Tenancy_Tribunal_Order.pdf.

Room 4, 48 Trigg Road, Huapai, Kumeu 0810 Tenancy Tribunal Case 4882048 — Boarding House

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Reasons

The applicant attended the hearing was held by teleconference. The respondent was called twice on the number provided, but on each occasion the call went to answerphone.

This was a hearing to decide in the first instance, whether or not the Tenancy Tribunal has jurisdiction over the dispute between the parties.

The Residential Tenancies Act, 1986 (the “RTA”) section 4 provides the following: “This Act applies to every tenancy for residential purposes except as specifically provided.”

Section 5 of the RTA then lists exclusions to section 4, including the following at section (1)(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:”

The house concerned is a four-bedroom house that is owned by the applicant. The applicant maintains a permanent bedroom at the premises as well as her belongings. She also has two flatmates and another family member who live there.

In March 2024 the applicant moved to Queenstown for work for a period of 3-4 months. After she left, one of her flatmates invited the respondent to also live at the property to help pay outgoings. The dispute has arisen because the respondent is not contributing to rent.

Despite the applicant currently staying in Queenstown, I am satisfied that she still lives at 48 Trigg Road, Huapai, Auckland. My finding is based on a combination of factors including, she owns the house, she has a permanent room there that nobody else uses, all her belongings are there, her vehicles are there, the property is still her address for service, and shortly Ms Bai intends to return to the property.

Also relevant to a section 5(n) consideration is that a family member of Ms Bai also lives there.

As well as this, Ms Bai stated that Mr Anderson was invited in by another flatmate, and it appears there is no agreement between Ms Bai and Mr Anderson authorising Mr Anderson to reside at the property.

The circumstances of this living arrangement fall squarely within the exclusion of section 5(1)(n) of the RTA.

For this reason, the Tenancy Tribunal does not have jurisdiction over the dispute.

Reasons

The applicant attended the hearing was held by teleconference. The respondent was called twice on the number provided, but on each occasion the call went to answerphone.

This was a hearing to decide in the first instance, whether or not the Tenancy Tribunal has jurisdiction over the dispute between the parties.

The Residential Tenancies Act, 1986 (the “RTA”) section 4 provides the following: “This Act applies to every tenancy for residential purposes except as specifically provided.”

Also relevant to a section 5(n) consideration is that a family member of Ms Bai also lives there.

The circumstances of this living arrangement fall squarely within the exclusion of section 5(1)(n) of the RTA.

For this reason, the Tenancy Tribunal does not have jurisdiction over the dispute.

Tenancy Tribunal case 4882048 — Boarding House at Room 4, 48 Trigg Road, Huapai, Kumeu 0810

At a glance

Tenancy Tribunal case 4882048 — Boarding House at Room 4, 48 Trigg Road, Huapai, Kumeu 0810

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