What was the outcome of Tenancy Tribunal case 5102308?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5102308?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5102308?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5102308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11362480-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5102308?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5102308?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5102308?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5102308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11362480-Tenancy_Tribunal_Order.pdf.

2A Grandison Crescent, New Lynn, Auckland 0600 Tenancy Tribunal Case 5102308 — Boarding House

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Reasons

The applicant tenant attended the hearing. The landlord did not attend the hearing. Shortly before the scheduled start time for the hearing, the landlord requested an adjournment. Because of the lack of notice, I declined the request to adjourn.

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

This was a hearing to decide in the first instance, whether or not the Tenancy Tribunal has jurisdiction over the dispute between the parties.

The Residential Tenancies Act, 1986 (the “RTA”) section 4 provides the following: “This Act applies to every tenancy for residential purposes except as specifically provided.”

Section 5 of the RTA then lists exclusions to section 4, including the following at section (1)(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:”

In the matter before the Tribunal today, the applicant explained that she rented a room from the landlord from 15 November 2024 until 28 November 2024. During this time, the landlord was away in the South Island on business although she continued to maintain a room at the tenancy address, and the tenant believes that the landlord usually lives there.

The respondent in this case was the only person that the applicant dealt with regarding the tenancy and the arrangement was formalised by the completion of a Flat Sharing Agreement rather than a Tenancy Agreement.

There were five bedrooms in the main house (one of which was used by the landlord) and all of the tenants used the same front door and shared the same utility spaces. The rental that each paid was inclusive of water and electricity.

I have determined from all of the circumstances set out above that this living arrangement falls squarely within the exclusion of section 5(1)(n) of the RTA. That is to say, I have found this to be a flatting arrangement not a tenancy arrangement, and as such the RTA does not apply.

For this reason, the Tenancy Tribunal does not have jurisdiction over the dispute.

Reasons

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

This was a hearing to decide in the first instance, whether or not the Tenancy Tribunal has jurisdiction over the dispute between the parties.

The Residential Tenancies Act, 1986 (the “RTA”) section 4 provides the following: “This Act applies to every tenancy for residential purposes except as specifically provided.”

For this reason, the Tenancy Tribunal does not have jurisdiction over the dispute.

Tenancy Tribunal case 5102308 — Boarding House at 2A Grandison Crescent, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 5102308 — Boarding House at 2A Grandison Crescent, New Lynn, Auckland 0600

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