Tenantcheck Insights · Case study
Tenancy Tribunal case 5451816 — Boarding House at 35 Lawrence Road, Mangawhai, RD 2, Mangawhai 0573
Published 6 May 2026 · Application 5451816
- Boarding House
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Mangawhai
Tribunal region
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
The claim is struck out. The Tenancy Tribunal does not have jurisdiction to hear the claim.
Reasons
Background
- Ms Snaselova and her friend were looking for accommodation in the Mangawhai area. They put a post on Facebook.
- Mr Heron saw the post and offered a room at his property at 35 Lawrence Road. The rent was $300 per week.
- Ms Snaselova and her friend moved in on 28 January 2026. After a short time, they decided that they did not want to stay. They found alternative accommodation. On 11 February they paid Mr Heron a partial week’s rent ($214), intending to move out 5 days later.
- The next day, 12 February, there was a heated discussion between Mr Heron and Ms Snaselova’s friend. Mr Heron and Ms Snaselova have different perspectives on what was said that day, but the result was that Ms Snaselova and her friend moved out immediately.
- Ms Snaselova’s claim in the Tenancy Tribunal seeks a refund of four days’ rent ($171) on the grounds that they paid rent to 16 February but were “forced to leave” on the morning of 12 February.
- The hearing took place in Whangarei on 6 May 2026. Ms Snaselova attended the hearing in person. Mr Heron attended by phone with the consent of the Tribunal. Jurisdiction
- The Tenancy Tribunal has jurisdiction to determine disputes relating to tenancies that the Residential Tenancies Act 1986 (“RTA”) applies to. 1
- The RTA applies to all residential tenancies, except tenancies that are specifically excluded. 2
- The excluded tenancies are listed in section 5 of the RTA.
- One type of excluded tenancy is: 3 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
- Mr Heron resided at this property during the tenancy and it is his usual place of residence. The house has four bathrooms. Ms Snaselova and her friend had the exclusive use of one bedroom, and shared use (with Mr Heron) of the rest of the house.
- The premises is not a boarding house. Part of the definition of a boarding house is that is occupied, or is intended to be occupied, by at least 6 tenants at any time.
- My finding is that this is an excluded tenancy under section 5(1)(n). Therefore, the RTA did not apply to this tenancy and the Tenancy Tribunal does not have jurisdiction to hear and determine the dispute.
- The claim must be struck out. The claim has not been heard and determined. Ms Snaselova could re-file the claim in a forum that has jurisdiction, such as the Disputes Tribunal. N Blake, 06 May 2026 1 Section 77(1)(b) RTA 2 Section 4 RTA 3 Section 5(1)(n) RTA
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s11, s4, s5, s5(1), s77(1)
Key findings
- Dispute theme: boarding house
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5451816?
The tribunal order states: The claim is struck out. The Tenancy Tribunal does not have jurisdiction to
How much money was awarded in case 5451816?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5451816?
The primary dispute was Boarding House.
Where can I read the official tribunal order for case 5451816?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13551710-Tenancy_Tribunal_Order.pdf.