What was the outcome of Tenancy Tribunal case 5370511?

The tribunal order states: The landlord application for rent arrears and refund of the bond is dismissed

How much money was awarded in case 5370511?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5370511?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 5370511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12996951-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5370511?

The tribunal order states: The landlord application for rent arrears and refund of the bond is dismissed

How much money was awarded in case 5370511?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5370511?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 5370511?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12996951-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 46A Muritai Street, Tahunanui, Nelson 7011 Tenancy Tribunal Case 5370511 — Rent arrears

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Reasons

The landlord applies to the Tribunal seeking rent arrears, refund of the unpaid bond and reimbursement of the filing fee.

At the scheduled hearing I had indicated that the landlord had proven her claims for rent arrears, bond in lieu of notice and filing fee.

Subsequently after reviewing the evidence during the hearing, I find that the Tenancy Tribunal does not have the jurisdiction to order these costs. Therefore, I must dismiss the landlord application. The correct venue for this claim is the Disputes Tribunal. I set out my reasons for this below. Jurisdiction

The first issue for determination is whether the Tribunal has jurisdiction to hear this claim. Section 77(1) of the Residential Tenancies Act 1986 (RTA) provides that the Tribunal may hear claims between landlords and tenants relating to any tenancy to which the RTA applies. Section 4 confirms that the RTA applies to all residential tenancies unless specifically excluded. Section 5 RTA:

Section 5(1)(n) of the RTA provides that the Act does not apply 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 by any member of the landlord’s family. In this case, the landlord lives in the premises and rents out a room to the tenant. The arrangement is not a boarding house tenancy.

The High Court in Harding v Schellevis, 1 confirmed that, when determining whether the RTA applies, the Tribunal must consider the substance of the agreement and the actual living arrangements, rather than the labels used by the parties.

Where the landlord continues to reside in the premises and rents out a room, the arrangement is generally excluded from the RTA by section 5(1)(n). Conclusion

As the landlord resides in the premises and the arrangement is not a boarding house tenancy, the RTA does not apply. Therefore, the Tribunal does not have jurisdiction to determine this dispute regarding bond and rent. The parties may seek to resolve their dispute through other legal avenues, such as the Disputes Tribunal or the District Court. Order

The application is dismissed for want of jurisdiction.

Reasons

The landlord applies to the Tribunal seeking rent arrears, refund of the unpaid bond and reimbursement of the filing fee.

At the scheduled hearing I had indicated that the landlord had proven her claims for rent arrears, bond in lieu of notice and filing fee.

Where the landlord continues to reside in the premises and rents out a room, the arrangement is generally excluded from the RTA by section 5(1)(n). Conclusion

The application is dismissed for want of jurisdiction.

Tenancy Tribunal case 5370511 — Rent arrears at Unit/Flat Flat 1, 46A Muritai Street, Tahunanui, Nelson 7011

At a glance

Tenancy Tribunal case 5370511 — Rent arrears at Unit/Flat Flat 1, 46A Muritai Street, Tahunanui, Nelson 7011

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