What was the outcome of Tenancy Tribunal case 4921262?

The tribunal order states: The claim is struck out for want of jurisdiction.

How much money was awarded in case 4921262?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4921262?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4921262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10787368-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4921262?

The tribunal order states: The claim is struck out for want of jurisdiction.

How much money was awarded in case 4921262?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4921262?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4921262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10787368-Tenancy_Tribunal_Order.pdf.

26 Survila Street, Takanini, Takanini 2110 Tenancy Tribunal Case 4921262 — Boarding House

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Both parties attended today’s case conference where I considered the issue of the Tribunal’s jurisdiction to address the tenant’s claims.

Harpreet seeks compensation on account of short notice to quit, lack of alternative accommodation and having been issued with an unlawful eviction notice. No written tenancy agreement had been entered between the parties.

Harpreet paid rent of $300.00 a week for a room at the premises with shared facilities. Jaspreet is a head tenant who rented the 4 bedroom house from his wife’s brother. Jaspreet and his wife occupy the master bedroom in the house.

Apart from the room that is rented out to Harpreet, Jaspreet rents out a third bedroom to another guest who is a lady.

I must determine firstly whether the Tenancy Tribunal has jurisdiction to hear Harpreet’s claim under the Residential Tenancies Act 1986 (‘RTA’).

Section 5(1)(n) of the RTA provides that the RTA shall not apply in cases 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.

26 Survila Street, Takanini is not a boarding house; it is not occupied, or intended by the landlord to be occupied, by at least 6 tenants at any one time. Presently, only the parties Jaspreet and his wife, and tenants Harpreet and his wife and one other lady occupy the 4 bedroom house. All in all, the premises is occupied only by 3 tenants.

The tenancy is excluded under s5(1)(n) RTA because the landlord/head tenant Jaspreet lived at the premises (occupying the master bedroom) principally as his place of residence during Harpreet’s residential tenancy.

It is immaterial that Jaspreet does not owns the property and is merely a tenant or head tenant himself; Harpreet and Jaspreet are flatmates at the premises.

Because the “landlord” Jaspreet has continued to live at 26 Survila Street, Takanini principally as his place of residence, the Tribunal does not have jurisdiction to adjudicate Harpreet’s claim pursuant to section s5(1)(n) RTA.

For the above reasons, I must strike out Harpreet’s claim filed under the RTA.

Harpreet’s claim may be re-filed at the Disputes Tribunal so that the parties’ dispute can be properly and expeditiously resolved.

Reasons

Both parties attended today’s case conference where I considered the issue of the Tribunal’s jurisdiction to address the tenant’s claims.

Apart from the room that is rented out to Harpreet, Jaspreet rents out a third bedroom to another guest who is a lady.

I must determine firstly whether the Tenancy Tribunal has jurisdiction to hear Harpreet’s claim under the Residential Tenancies Act 1986 (‘RTA’).

It is immaterial that Jaspreet does not owns the property and is merely a tenant or head tenant himself; Harpreet and Jaspreet are flatmates at the premises.

For the above reasons, I must strike out Harpreet’s claim filed under the RTA.

Harpreet’s claim may be re-filed at the Disputes Tribunal so that the parties’ dispute can be properly and expeditiously resolved.

Tenancy Tribunal case 4921262 — Boarding House at 26 Survila Street, Takanini, Takanini 2110

At a glance

Tenancy Tribunal case 4921262 — Boarding House at 26 Survila Street, Takanini, Takanini 2110

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