What was the outcome of Tenancy Tribunal case 5077409?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5077409?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5077409?

The dispute type was not classified.

Where can I read the official tribunal order for case 5077409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11791933-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5077409?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5077409?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5077409?

The dispute type was not classified.

Where can I read the official tribunal order for case 5077409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11791933-Tenancy_Tribunal_Order.pdf.

8 Sinclair Avenue, Highbury, Palmerston North 4412 Tenancy Tribunal Case 5077409 — Tenancy dispute

Order

The application is dismissed.

Reasons

The Applicant attended the hearing by video. The Landlord did not attend by video or answer the telephone call made by the Tribunal.
The Applicant applied for a refund of the bond and compensation.
The Applicant submitted that she was employed by the Respondent to provide caregiving services at the property for an individual with autism. She stated that the Respondent had informed her that this arrangement constituted a tenancy. She also sought compensation of $1000.00 for the difficulty and stress she experienced in trying to obtain the bond refund from the Respondent.
On 6 July 2024, the Applicant signed a document titled Taha Wairua Mauri Ora House Agreement (“the Agreement”). The Applicant completed the section designated for the occupant, and the Provider was identified as “Taha Wairua Mauri Ora.”
The Agreement referred to a “household contribution” as the amount the Applicant was required to pay toward the cost of accommodation. The form also included space for up to three occupants to enter their details.
The Applicant stated that she resided in the property with the individual for whom she was employed as a caregiver. There were no other occupants. The property had three bedrooms, with the Applicant occupying one and the care recipient occupying another. The kitchen and bathroom were shared between the two. The Applicant submitted that there were issues regarding her remuneration, which led her to stop making the household contribution for a period of time.
There is a preliminary issue whether the Tribunal can hear the claim. 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 RTA sets out a variety of circumstances where a tenancy is excluded from the Act. Section 10 RTA provides that, where a party to proceedings contends that the Act does not apply, they must establish the facts supporting their contention. In other words, they have the burden of proving the Act does not apply.
Section 5(1)(d) RTA provides an excluded tenancy is where the premises constitute part of any hospital, home, or other institution for the care of sick, disabled, or aged persons:
When determining whether the Act is excluded, the Tribunal considers the substance of the agreement between the parties rather than the labels they have applied.
In considering the evidence, I find that this housing arrangement is excluded under the Act, as it constitutes a residence provided for the care of a disabled person. The Respondent lived at the property in order to provide caregiving services, which she confirmed was part of her employment.
For this reason, the issue of refund of bond and compensation cannot be decided before the Tribunal.
The Applicant may want to consider another tribunal to determine this issue.
As the Tenant has not been successful, name suppression is not granted.

Order

The application is dismissed.

Reasons

The Applicant attended the hearing by video. The Landlord did not attend by video or answer the telephone call made by the Tribunal.
The Applicant applied for a refund of the bond and compensation.
The Applicant submitted that she was employed by the Respondent to provide caregiving services at the property for an individual with autism. She stated that the Respondent had informed her that this arrangement constituted a tenancy. She also sought compensation of $1000.00 for the difficulty and stress she experienced in trying to obtain the bond refund from the Respondent.
On 6 July 2024, the Applicant signed a document titled Taha Wairua Mauri Ora House Agreement (“the Agreement”). The Applicant completed the section designated for the occupant, and the Provider was identified as “Taha Wairua Mauri Ora.”
The Agreement referred to a “household contribution” as the amount the Applicant was required to pay toward the cost of accommodation. The form also included space for up to three occupants to enter their details.
The Applicant stated that she resided in the property with the individual for whom she was employed as a caregiver. There were no other occupants. The property had three bedrooms, with the Applicant occupying one and the care recipient occupying another. The kitchen and bathroom were shared between the two. The Applicant submitted that there were issues regarding her remuneration, which led her to stop making the household contribution for a period of time.
There is a preliminary issue whether the Tribunal can hear the claim. 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 RTA sets out a variety of circumstances where a tenancy is excluded from the Act. Section 10 RTA provides that, where a party to proceedings contends that the Act does not apply, they must establish the facts supporting their contention. In other words, they have the burden of proving the Act does not apply.
Section 5(1)(d) RTA provides an excluded tenancy is where the premises constitute part of any hospital, home, or other institution for the care of sick, disabled, or aged persons:
When determining whether the Act is excluded, the Tribunal considers the substance of the agreement between the parties rather than the labels they have applied.
In considering the evidence, I find that this housing arrangement is excluded under the Act, as it constitutes a residence provided for the care of a disabled person. The Respondent lived at the property in order to provide caregiving services, which she confirmed was part of her employment.
For this reason, the issue of refund of bond and compensation cannot be decided before the Tribunal.
The Applicant may want to consider another tribunal to determine this issue.
As the Tenant has not been successful, name suppression is not granted.

Tenancy Tribunal case 5077409 — Tenancy dispute at 8 Sinclair Avenue, Highbury, Palmerston North 4412

At a glance

Claims & awards

Tenancy Tribunal case 5077409 — Tenancy dispute at 8 Sinclair Avenue, Highbury, Palmerston North 4412

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions