Tenancy Tribunal Cannot Hear Disputes Between Tenants
📌 In brief
The Tenancy Tribunal dismissed an application because it lacked the authority to hear disputes solely between tenants. The case underscores the importance of understanding the limits of the Tribunal's jurisdiction.
⚖️ Legal holding
The Tenancy Tribunal does not have jurisdiction to hear claims between tenants.
📖 Technical summary
The Tenancy Tribunal lacks jurisdiction to hear disputes solely between tenants.
📜 Headnote Official document
The Tenancy Tribunal struck out an application due to lack of jurisdiction over disputes solely between tenants. The Tribunal emphasised the need for proper legal channels for such disputes.
📚 Full judgment Official document
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[2025] NZTT 5120675
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANTS: [redacted]
Tenants
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants and Landlord’s names and identifying details.
2. The application is struck out because the Tenancy Tribunal does not have the jurisdiction to hear it.
Reasons:
1. This application was scheduled to be heard by video conference. Neither of the tenants linked to the Teams link and nor did they answer their pones when called. The hearing proceeded with just the landlord present.
2. The Tenancy Tribunal has jurisdiction to hear claims between landlords and tenants. It does not have jurisdiction to hear claims between tenants.
3. It was apparent from communication from the tenant who made the claim, J, that their claim was against their co-tenant, I, and not the landlord.
4. The tenant’s claim is struck out because the Tenancy Tribunal does not have the jurisdiction to hear it.
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5. I am ordering suppression of both parties’ names because both parties have applied for it. I see no public interest in publishing their names since this is purely a matter about jurisdiction, rather than about anything that either of the parties has done.
[NAME] 20 February 2025
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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 has the authority to hear claims between landlords and tenants.
❌ Tends to be rejected
- The Tenancy Tribunal does not have the authority to hear claims between tenants.
- The claim was made by a tenant against another tenant, not against the landlord.
- The application was made without considering the Tribunal's jurisdiction limitations.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal struck out the application because it lacked jurisdiction to hear disputes solely between tenants.
What was the dispute about?
The dispute was between two tenants, not involving the landlord.
How did the court decide, and why?
The court decided to strike out the application because the Tenancy Tribunal does not have jurisdiction to hear disputes solely between tenants.
Which laws or rules were applied?
No specific laws or rules were cited in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the Tenancy Tribunal does not have jurisdiction to hear disputes solely between tenants.
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?
Someone in a similar situation should seek alternative legal channels to resolve disputes solely between tenants.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.