What was the outcome of Tenancy Tribunal case 5375667?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5375667?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5375667?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5375667?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12997047-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5375667?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5375667?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5375667?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5375667?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12997047-Tenancy_Tribunal_Order.pdf.

31A Oakpark Place, West Harbour, Auckland 0618 Tenancy Tribunal Case 5375667 — Boarding House

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Reasons

Both parties attended the hearing which was held by teleconference.

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 that the RTA includes all tenancy agreements except those that are excepted: “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:”

A boarding house is defined in section 66B of the RTA as a residential premises containing 1 or more boarding rooms along with facilities for communal use by the tenants of the boarding house; and (b) occupied, or intended by the landlord to be occupied, by at least 6 tenants at any one time.

There is no suggestion from either party that this property is a boarding house.

Ms Gardham said she is the property owner, and there were a total of three people living in the premises, herself and two renters.

Both parties agreed that Ms Tang rented a room from Ms Gardham.

Ms Gardham continued to live at the premises.

In determining whether a living arrangement falls within the jurisdiction of the RTA, the Tribunal looks at the intention of the parties and the function of the arrangement.

Both parties agreed that Ms Tang had her own bedroom and bathroom, but shared the kitchen and laundry facilities. There is one main entrance to the property that all occupants used, except for when Ms Gardham entered through the internal access garage.

The circumstances of this living arrangement fall squarely within the exclusion of section 5(1)(n) of the RTA. This is because the property owner, Ms Gardham continued to live at property while Ms Tang was living there, and because the premises in question were not fully self-contained premises.

Because of this, the Tenancy Tribunal does not have jurisdiction over this dispute.

Reasons

Both parties attended the hearing which was held by teleconference.

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

There is no suggestion from either party that this property is a boarding house.

Ms Gardham said she is the property owner, and there were a total of three people living in the premises, herself and two renters.

Both parties agreed that Ms Tang rented a room from Ms Gardham.

Ms Gardham continued to live at the premises.

In determining whether a living arrangement falls within the jurisdiction of the RTA, the Tribunal looks at the intention of the parties and the function of the arrangement.

Because of this, the Tenancy Tribunal does not have jurisdiction over this dispute.

Tenancy Tribunal case 5375667 — Boarding House at 31A Oakpark Place, West Harbour, Auckland 0618

At a glance

Tenancy Tribunal case 5375667 — Boarding House at 31A Oakpark Place, West Harbour, Auckland 0618

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