Employer Hostel Not Covered By Residential Tenancies Act
📌 In brief
The Tenancy Tribunal dismissed an application involving accommodation provided by an employer for its employees. The Tribunal found that such accommodations are excluded from the Residential Tenancies Act 1986 under section 5(g).
⚖️ Legal holding
Section 5(g) of the RTA excludes hostels conducted by employers for their employees from the Act's jurisdiction.
📖 Technical summary
The Tenancy Tribunal dismissed the application due to lack of jurisdiction under the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal dismissed an application concerning a property used as accommodation for employees of a labour hire company, finding that such premises fall outside the jurisdiction of the Residential Tenancies Act 1986 under section 5(g).
📚 Full judgment Official document
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[2025] NZTT 5155134
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. Both parties attended the hearing which was held by teleconference.
2. This application concerns a property at [ADDRESS], Auckland Central.
3. The landlord on the Tenancy Agreement is [COMPANY]. The tenant on the Tenancy Agreement is [COMPANY].
4. At the beginning of the hearing [NAME] for the tenant stated that the premises was used for accommodation for employees of [COMPANY], a labour hire company.
5. Section 4 of the Residential Tenancies Act, 1986 (the “RTA”) is a catch-all section that states “This Act applies to every tenancy for residential purposes except as specifically provided.”
6. Section 5 of the RTA then lists the exceptions to section 4, that is, tenancies to which the RTA does not apply.
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7. Section 5(g) of the RTA states: (This Act shall not apply in the following cases): “where the premises constitute any barracks or hostel conducted by an employer for the accommodation of employees of that employer or (where the employer is a company) for the accommodation of employees of any associated company (within the meaning of section 2(2)).
8. Both parties agreed that this exception describes the situation that existed as the basis of this Tenancy Agreement.
9. Section 8 of the RTA states that the parties are not precluded from agreeing in writing that all or any of the provisions of this Act shall apply in respect of the tenancy.
10. In this case, there is no written agreement from the parties that puts this tenancy agreement, or parts thereof, within the jurisdiction of the Tenancy Tribunal. Without this, there is no certainty as to what parts of the agreement could be included and which parts excluded from the Tribunal’s jurisdiction.
11. For the above reasons, I determine the Tenancy Tribunal does not have jurisdiction to hear this dispute, and the application is dismissed.
[NAME]
10 April 2025
https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html#DLM94283
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The Tenancy Tribunal does not have jurisdiction over this dispute because the premises are a hostel conducted by an employer for its employees.
- Both parties agreed that the situation described in the exception for employer-provided accommodation applied to their tenancy agreement.
- There was no written agreement between the parties to bring this tenancy under the Tenancy Tribunal's jurisdiction.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the application because the employer-provided accommodation for employees falls outside the jurisdiction of the Residential Tenancies Act 1986.
What was the dispute about?
The dispute was about whether the Residential Tenancies Act 1986 applies to accommodation provided by an employer for its employees.
How did the court decide, and why?
The court decided to dismiss the application because the accommodation provided by the employer for its employees is excluded from the Act under section 5(g).
Which laws or rules were applied?
The Residential Tenancies Act 1986, particularly section 5(g), was applied.
What was the argument that mattered most?
The argument that mattered most was that the accommodation provided by the employer for its employees is excluded from the Residential Tenancies Act 1986 under section 5(g).
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, the Residential Tenancies Act 1986 may not apply to accommodation provided by an employer for its employees.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.