What was the outcome of Tenancy Tribunal case 4996912?

The tribunal order states: The Residential Tenancies Act 1986 does not apply.

How much money was awarded in case 4996912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4996912?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4996912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11371023-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4996912?

The tribunal order states: The Residential Tenancies Act 1986 does not apply.

How much money was awarded in case 4996912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4996912?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4996912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11371023-Tenancy_Tribunal_Order.pdf.

Not applicable Tenancy Tribunal Case 4996912 — Healthy homes

Order

The Residential Tenancies Act 1986 does not apply.
The applicant’s applications are dismissed for lack of jurisdiction.

Reasons

Both parties attended the hearing.
The applicant has applied for: refund of the bond; breach of the obligation to lodge the bond with the Bond Centre; breach of the Healthy Homes Standards; breach of the obligation to provide a Healthy Homes Statement with the tenancy agreement; breach of the obligation to provide an oven; and reimbursement of the filing fee. The tenant had claimed for failure to provide sufficient water. This claim was withdrawn at the hearing.
The applicant rented a tiny home on wheels (the “tiny home”) from the respondent for the period 17 May 2024 to 28 August 2024.
The standard tenancy agreement obtained from Tenancy Services was provided by the respondent to the applicant. The respondent signed the tenancy agreement on 06 May 2024 and the applicant signed the agreement on 09 May 2024 (the “Tenancy Agreement”).
The respondent did not provide the land for the tiny home. In the advertisement for the tiny home, under the heading “What you Need:” it states: “I don’t provide the land/property”.
The applicant advised that she leased the land independently from the respondent and the tiny home was moved to that address.
The applicant says that she believes the Residential Tenancies Act 1986 (“RTA”) does apply to the rental of the tiny home because the Tenancy Agreement makes several references to the RTA, she was required to and did pay a bond for the rental and at no time was she told that the RTA did not apply.
The respondent says that the RTA does not apply. He says that the tiny home is not a “Building” but a vehicle under the Land Transport Act 1998. The respondent says that while he used the template tenancy agreement from Tenancy Services, he did not believe that by entering into the Tenancy Agreement, he was “signing up” to the RTA.

Does the RTA apply to the rental of the tiny home?

Section 4 of the RTA provides that the RTA applies to every tenancy for residential purposes except as specifically excluded. It is therefore necessary to consider if the renal of the tiny home was a “tenancy for residential purposes”.
A “tenancy” is defined in section 2(1) of the RTA as: in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent.
“Residential Premises”, which is also defined in section 2(1) of the RTA, is defined as: means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful.
“Premises”, which is also defined in section 2(1) of the RTA, is defined as: includes (a) any part of the premises; and (b) any land and appurtenances, other than facilities; and (c) any mobile home, caravan or other means of shelter placed or erected upon any land and intended for occupation on that land. [emphasis added].
The tiny home is on wheels and falls into the definition of “mobile home’. As set out above, the definition of premises specifically includes a mobile home. However, it also says that the mobile home must be “placed or erected upon any land and intended for occupation on that land”.
In The Applicants v the Respondents [2021] NZTT 4312901, this Tribunal held that a caravan rented by the applicant to be used at their own place of residence did not fall under the RTA because the respondent had: No interest or control over the land where the caravan was placed. It has no legal right to enter on that land ... and arguably could not fulfil many of the responsibilities that respondents have under the RTA such as conducting inspections of the premises or ensuring that the structure on the land has any required permits or consents for residential use.
I agree with that reasoning. The rental of the tiny home is not a residential premises under the RTA because the second reference to “any land” in the definition of “premises” means the land provided by the landlord as part of the premises. The Respondent did not provide the land and had no control over the land on which the tiny home was situated during the rental period.

Did the parties contract back into the RTA?

As set out above, the Tenancy Agreement is the template tenancy agreement from Tenancy Services.
Sections 5 to 7 of the RTA set out several tenancies which are excluded under the RTA. None of these exclusions apply to the rental of the tiny home.
The RTA provides that parties to a tenancy that is excluded under sections 5 to 7 of the RTA may contract back into the RTA. The relevant provision is section 8 which provides: 8 Parties to excluded tenancies may agree that Act shall apply (1) Nothing in any of sections 5 to 7 shall prevent the parties to a tenancy that would otherwise be excluded from this Act by virtue of any of the provisions of those sections, being a tenancy of any premises used or intended to be used for residential premises, from agreeing in writing that all or any of the provisions of this Act shall apply in respect of the tenancy, either without modification or with such modifications as they may so agree. (2) Without limiting subsection (1), any such agreement may confer upon the Tribunal, in respect of the tenancy, all or any of the jurisdiction conferred on the Tribunal by this Act in respect of tenancies to which this Act applies.
I do not consider section 8 applies to the rental of the tiny home because the rental is not an excluded tenancy under sections 5-7.
The RTA does not apply.
The applications are dismissed for lack of jurisdiction.

Order

The Residential Tenancies Act 1986 does not apply.
The applicant’s applications are dismissed for lack of jurisdiction.

Reasons

Both parties attended the hearing.
The applicant has applied for: refund of the bond; breach of the obligation to lodge the bond with the Bond Centre; breach of the Healthy Homes Standards; breach of the obligation to provide a Healthy Homes Statement with the tenancy agreement; breach of the obligation to provide an oven; and reimbursement of the filing fee. The tenant had claimed for failure to provide sufficient water. This claim was withdrawn at the hearing.
The applicant rented a tiny home on wheels (the “tiny home”) from the respondent for the period 17 May 2024 to 28 August 2024.
The standard tenancy agreement obtained from Tenancy Services was provided by the respondent to the applicant. The respondent signed the tenancy agreement on 06 May 2024 and the applicant signed the agreement on 09 May 2024 (the “Tenancy Agreement”).
The respondent did not provide the land for the tiny home. In the advertisement for the tiny home, under the heading “What you Need:” it states: “I don’t provide the land/property”.
The applicant advised that she leased the land independently from the respondent and the tiny home was moved to that address.
The applicant says that she believes the Residential Tenancies Act 1986 (“RTA”) does apply to the rental of the tiny home because the Tenancy Agreement makes several references to the RTA, she was required to and did pay a bond for the rental and at no time was she told that the RTA did not apply.
The respondent says that the RTA does not apply. He says that the tiny home is not a “Building” but a vehicle under the Land Transport Act 1998. The respondent says that while he used the template tenancy agreement from Tenancy Services, he did not believe that by entering into the Tenancy Agreement, he was “signing up” to the RTA.

Does the RTA apply to the rental of the tiny home?

Section 4 of the RTA provides that the RTA applies to every tenancy for residential purposes except as specifically excluded. It is therefore necessary to consider if the renal of the tiny home was a “tenancy for residential purposes”.
A “tenancy” is defined in section 2(1) of the RTA as: in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent.
“Residential Premises”, which is also defined in section 2(1) of the RTA, is defined as: means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful.
“Premises”, which is also defined in section 2(1) of the RTA, is defined as: includes (a) any part of the premises; and (b) any land and appurtenances, other than facilities; and (c) any mobile home, caravan or other means of shelter placed or erected upon any land and intended for occupation on that land. [emphasis added].
The tiny home is on wheels and falls into the definition of “mobile home’. As set out above, the definition of premises specifically includes a mobile home. However, it also says that the mobile home must be “placed or erected upon any land and intended for occupation on that land”.
In The Applicants v the Respondents [2021] NZTT 4312901, this Tribunal held that a caravan rented by the applicant to be used at their own place of residence did not fall under the RTA because the respondent had: No interest or control over the land where the caravan was placed. It has no legal right to enter on that land ... and arguably could not fulfil many of the responsibilities that respondents have under the RTA such as conducting inspections of the premises or ensuring that the structure on the land has any required permits or consents for residential use.
I agree with that reasoning. The rental of the tiny home is not a residential premises under the RTA because the second reference to “any land” in the definition of “premises” means the land provided by the landlord as part of the premises. The Respondent did not provide the land and had no control over the land on which the tiny home was situated during the rental period.

Did the parties contract back into the RTA?

As set out above, the Tenancy Agreement is the template tenancy agreement from Tenancy Services.
Sections 5 to 7 of the RTA set out several tenancies which are excluded under the RTA. None of these exclusions apply to the rental of the tiny home.
The RTA provides that parties to a tenancy that is excluded under sections 5 to 7 of the RTA may contract back into the RTA. The relevant provision is section 8 which provides: 8 Parties to excluded tenancies may agree that Act shall apply (1) Nothing in any of sections 5 to 7 shall prevent the parties to a tenancy that would otherwise be excluded from this Act by virtue of any of the provisions of those sections, being a tenancy of any premises used or intended to be used for residential premises, from agreeing in writing that all or any of the provisions of this Act shall apply in respect of the tenancy, either without modification or with such modifications as they may so agree. (2) Without limiting subsection (1), any such agreement may confer upon the Tribunal, in respect of the tenancy, all or any of the jurisdiction conferred on the Tribunal by this Act in respect of tenancies to which this Act applies.
I do not consider section 8 applies to the rental of the tiny home because the rental is not an excluded tenancy under sections 5-7.
The RTA does not apply.
The applications are dismissed for lack of jurisdiction.

Tenancy Tribunal case 4996912 — Healthy homes at Not applicable

At a glance

Tenancy Tribunal case 4996912 — Healthy homes at Not applicable

At a glance

Claims & awards

Order

Reasons

Does the RTA apply to the rental of the tiny home?

Did the parties contract back into the RTA?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the RTA apply to the rental of the tiny home?

Did the parties contract back into the RTA?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions