What was the outcome of Tenancy Tribunal case 4909760?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4909760?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4909760?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4909760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10844261-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4909760?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4909760?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4909760?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4909760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10844261-Tenancy_Tribunal_Order.pdf.

13 Nephrite Lane, Henderson, Auckland 0610 Tenancy Tribunal Case 4909760 — Boarding House

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Order

The application is dismissed.

Reasons

The applicant tenant attended the hearing which was held by teleconference. The landlord did not answer either of the calls made at the scheduled time to the number provided to the Tribunal. Because I am satisfied the landlord was correctly notified of the hearing and did not ask for an adjournment, the hearing was conducted in their absence.
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, which includes 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 tenant explained that she rented a room from the applicant and for the duration of the tenancy the landlord and her husband continued to live at the same premises. Other flatmates also lived at the same premises. The number of flatmates never exceeded three in number. Each flatmate had separate bedrooms but shared the kitchen with the landlord. At the beginning of the tenancy the landlord stated that she owned the premises. The tenant states the landlord never made any representation about lodging the bond with the Bond Centre.
I am satisfied that the circumstances of this living arrangement listed above are consistent with, and fall squarely within, the exclusion of section 5(1)(n) of the RTA; this was a flat-sharing arrangement.
For this reason, the Tenancy Tribunal does not have jurisdiction over the dispute.

Tenancy Tribunal case 4909760 — Boarding House at 13 Nephrite Lane, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4909760 — Boarding House at 13 Nephrite Lane, Henderson, Auckland 0610

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