What was the outcome of Tenancy Tribunal case 5071450?

The tribunal order states: The application is dismissed for want of jurisdiction

How much money was awarded in case 5071450?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5071450?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5071450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11157442-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5071450?

The tribunal order states: The application is dismissed for want of jurisdiction

How much money was awarded in case 5071450?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5071450?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5071450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11157442-Tenancy_Tribunal_Order.pdf.

4 Makaka Lane, Silverdale, Silverdale 0932 Tenancy Tribunal Case 5071450 — Boarding House

Order

The application is dismissed for want of jurisdiction

Reasons

Both parties attended the hearing.
The applicant seeks an order for return of his $400.00 deposit.
The respondent resists the claim for, among other reasons, the applicant allegedly moved out of the premises without giving the required period of notice.
The applicant denies there was any such agreement.
However, before I can consider the substantive issues, I must consider the preliminary issue of jurisdiction.

Does the Tribunal have jurisdiction to hear the claim?

Legal principles

Section 77(1) Residential Tenancies Act 1986 provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies.
Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded.
Section 2(1) RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: residential premises 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 tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement
Section 5 of the RTA sets out a variety of circumstances where a tenancy is excluded from the Act. In other words, they have the burden of proving the Act does not apply. Section 5(1)(n) provides that, the RTA does not apply where: (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...
Section 10 of the RTA provides that, where a party to proceedings contends that the Act does not apply, they must establish the facts supporting their contention. Discussion
The respondent explains that he and his wife and other family members live in the premises. Aside from his wife and him and other family members, only the applicant and his partner stayed during the applicant’s stay. He says he and his family mainly use the premises to reside in. The fact he and his wife have boarders who share the house with them is a secondary purpose.
The applicant confirmed that he and his partner share the kitchen and living room with the respondent, his wife, and other family members who stayed only for a few days.
I note the respondent advertised the availability of three separate rooms, but it has not been established that the respondent rented out more than one room at a time.
Section 5(1)(n) of the RTA disapplies the RTA “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”.
I am satisfied that the premises was not a boarding house and was used principally a place of residence by the respondent, his wife, and other family members. The applicants’ residence at the premises was not what the premises were used principally for; the applicant’s tenancy was secondary to the premises’ principal family-related use. Conclusion
The RTA is disapplied by s 5(1)(n) in this case.
The Tribunal does not have jurisdiction to hear the claim and it is dismissed.
The Disputes Tribunal should be a suitable venue for the claim. Addendum
I note the respondent did not provide a written contract. In future, the respondent should provide tenants with a written agreement.
In that regard, the Tenancy Services website has a Flatmate/House sharing agreement that is suitable for arrangements that do not fall under the RTA.
This decision should be submitted with any application to the Disputes Tribunal or other forum as evidence that the matter falls outside the Tribunal’s jurisdiction.

Order

The application is dismissed for want of jurisdiction

Reasons

Both parties attended the hearing.
The applicant seeks an order for return of his $400.00 deposit.
The respondent resists the claim for, among other reasons, the applicant allegedly moved out of the premises without giving the required period of notice.
The applicant denies there was any such agreement.
However, before I can consider the substantive issues, I must consider the preliminary issue of jurisdiction.

Does the Tribunal have jurisdiction to hear the claim?

Legal principles

Section 77(1) Residential Tenancies Act 1986 provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies.
Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded.
Section 2(1) RTA defines a landlord as the grantor of a tenancy under a tenancy agreement of residential premises. A tenant is the grantee of the tenancy. The terms ’residential premises’, ‘tenancy’, and ‘tenancy agreement’ are defined as: residential premises 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 tenancy, in relation to any residential premises, means the right to occupy the premises (whether exclusively or otherwise) in consideration for rent; and includes any tenancy of residential premises implied or created by any enactment; and, where appropriate, also includes a former tenancy tenancy agreement, in relation to any residential premises, means any express or implied agreement under which any person, for rent, grants or agrees to grant to any other person a tenancy of the premises; and, where appropriate, includes a former tenancy agreement and any variation of a tenancy agreement
Section 5 of the RTA sets out a variety of circumstances where a tenancy is excluded from the Act. In other words, they have the burden of proving the Act does not apply. Section 5(1)(n) provides that, the RTA does not apply where: (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...
Section 10 of the RTA provides that, where a party to proceedings contends that the Act does not apply, they must establish the facts supporting their contention. Discussion
The respondent explains that he and his wife and other family members live in the premises. Aside from his wife and him and other family members, only the applicant and his partner stayed during the applicant’s stay. He says he and his family mainly use the premises to reside in. The fact he and his wife have boarders who share the house with them is a secondary purpose.
The applicant confirmed that he and his partner share the kitchen and living room with the respondent, his wife, and other family members who stayed only for a few days.
I note the respondent advertised the availability of three separate rooms, but it has not been established that the respondent rented out more than one room at a time.
Section 5(1)(n) of the RTA disapplies the RTA “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”.
I am satisfied that the premises was not a boarding house and was used principally a place of residence by the respondent, his wife, and other family members. The applicants’ residence at the premises was not what the premises were used principally for; the applicant’s tenancy was secondary to the premises’ principal family-related use. Conclusion
The RTA is disapplied by s 5(1)(n) in this case.
The Tribunal does not have jurisdiction to hear the claim and it is dismissed.
The Disputes Tribunal should be a suitable venue for the claim. Addendum
I note the respondent did not provide a written contract. In future, the respondent should provide tenants with a written agreement.
In that regard, the Tenancy Services website has a Flatmate/House sharing agreement that is suitable for arrangements that do not fall under the RTA.
This decision should be submitted with any application to the Disputes Tribunal or other forum as evidence that the matter falls outside the Tribunal’s jurisdiction.

Tenancy Tribunal case 5071450 — Boarding House at 4 Makaka Lane, Silverdale, Silverdale 0932

At a glance

Tenancy Tribunal case 5071450 — Boarding House at 4 Makaka Lane, Silverdale, Silverdale 0932

At a glance

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claim?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Tribunal have jurisdiction to hear the claim?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions