What was the outcome of Tenancy Tribunal case 5001149?

The tribunal order states: The applications are dismissed.

How much money was awarded in case 5001149?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5001149?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5001149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11683505-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5001149?

The tribunal order states: The applications are dismissed.

How much money was awarded in case 5001149?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5001149?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5001149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11683505-Tribunal_Order.pdf.

Unit/Flat 1, 166 Tweed Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 5001149 — Exemplary damages

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

The applicant company was represented at today’s hearing. Two attempts were made to telephone Ms Poa. The hearing proceeded in her absence. She was aware of the starting time for this hearing and failed to answer her calls made to her at different times at the commencement of the hearing, and the number she provided.

There were cross applications before me. The first claim was filed on 4 June 2024, the second on the 10 th September 2024.

The first call of the claim resulted in an adjournment order dated 26 August that advised the parties that there was a jurisdiction issue to determine at the outset, if there is no Jurisdiction for this Tribunal to deal with the claims the claim filed by the tenant will be struck out.

At the second hearing of the claim on 10 February, the claim was again adjourned.

The claim must be heard and determined so both parties can move on. The absence of a party does not preclude me from hearing and determining the claims.

The applicant, Ms Poa is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

Ms Poa claimed for a number of exemplary damages. It was a four month ‘tenancy’. However, before I can determine her claim I need to make a determination regarding Jurisdiction, that is can the Tenancy tribunal deal with this claim, if it does not fall under the Jurisdiction of this tribunal I will need to strike out the application. The Landlord claims that we do not have Jurisdiction under this Act.

In support of that claim, the landlord produced the “License to Occupy House for Accommodation” agreement that was sent to the tenant and her support person for signing. This was for temporary accommodation. A security payment was paid pursuant to the agreement. Termination occurred as a result of breaches of the terms of the agreement.

Section 5 of the Residential Tenancies Act 1986 provides that certain cases are excluded from the Jurisdiction of the Act. Section 5 (K) (ii) states: Where the premises (ii)are subject to an agreement that has been entered into for the purpose of providing temporary or transient accommodation that continues to be provided under the agreement.

I am satisfied on the evidence before me that this was the situation. In this case. The parties had entered into an agreement and the terms of that agreement were enforced to bring the license to occupy to an end. The security payment was used for outstanding weekly payments that were owed by Ms Poa pursuant to the agreement.

Therefore, I find that there is no jurisdiction and therefore the tenants claim is dismissed. This brings an end to both claims.

Reasons

There were cross applications before me. The first claim was filed on 4 June 2024, the second on the 10 th September 2024.

At the second hearing of the claim on 10 February, the claim was again adjourned.

The claim must be heard and determined so both parties can move on. The absence of a party does not preclude me from hearing and determining the claims.

The applicant, Ms Poa is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

Therefore, I find that there is no jurisdiction and therefore the tenants claim is dismissed. This brings an end to both claims.

Tenancy Tribunal case 5001149 — Exemplary damages at Unit/Flat 1, 166 Tweed Street, Appleby, Invercargill 9812

At a glance

Tenancy Tribunal case 5001149 — Exemplary damages at Unit/Flat 1, 166 Tweed Street, Appleby, Invercargill 9812

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions