Tenancy Tribunal Dismisses Claim Over Temporary Accommodation Agreement
📌 In brief
The Tenancy Tribunal dismissed a tenant's claim because the agreement for temporary accommodation fell outside its jurisdiction. The landlord showed that the agreement was for temporary accommodation, not a regular tenancy, leading to the dismissal of the tenant's claim.
⚖️ Legal holding
The Tenancy Tribunal lacks jurisdiction over agreements for temporary accommodation.
📖 What the law says
This section lists specific situations where the Residential Tenancies Act does not apply. For example, it does not cover commercial properties, premises used for farming where the tenant earns most of their income from it, or parts of prisons or hospitals.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal dismissed the tenant's claim due to lack of jurisdiction.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's claim due to lack of jurisdiction over a temporary accommodation agreement. The landlord presented an agreement for temporary accommodation, which falls outside the Tribunal's jurisdiction under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5001149, 4899812
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The applications are dismissed.
Reasons:
1. The applicant company was represented at today’s hearing. Two attempts were made to telephone [NAME]. The hearing proceeded in her absence. She was aware of the starting time for this hearing and failed to answer her calls made to her at different times at the commencement of the hearing, and the number she provided.
2. There were cross applications before me. The first claim was filed on 4 June 2024, the second on the 10th September 2024.
3. The first call of the claim resulted in an adjournment order dated 26 August that advised the parties that there was a jurisdiction issue to determine at the outset, if there is no Jurisdiction for this Tribunal to deal with the claims the claim filed by the tenant will be struck out.
4. At the second hearing of the claim on 10 February, the claim was again adjourned.
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5. The claim must be heard and determined so both parties can move on. The absence of a party does not preclude me from hearing and determining the claims.
6. The applicant, [NAME] is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
7. [NAME] claimed for a number of exemplary damages. It was a four month ‘tenancy’. However, before I can determine her claim I need to make a determination regarding Jurisdiction, that is can the Tenancy tribunal deal with this claim, if it does not fall under the Jurisdiction of this tribunal I will need to strike out the application. The Landlord claims that we do not have Jurisdiction under this Act.
8. In support of that claim, the landlord produced the “License to Occupy House for Accommodation” agreement that was sent to the tenant and her support person for signing. This was for temporary accommodation. A security payment was paid pursuant to the agreement. Termination occurred as a result of breaches of the terms of the agreement.
9. Section 5 of the Residential Tenancies Act 1986 provides that certain cases are excluded from the Jurisdiction of the Act. Section 5 (K) (ii) states:
Where the premises
(ii)are subject to an agreement that has been entered into for the purpose of providing temporary or transient accommodation that continues to be provided under the agreement.
10. I am satisfied on the evidence before me that this was the situation. In this case. The parties had entered into an agreement and the terms of that agreement were enforced to bring the license to occupy to an end. The security payment was used for outstanding weekly payments that were owed by [NAME] pursuant to the agreement.
11. Therefore, I find that there is no jurisdiction and therefore the tenants claim is dismissed. This brings an end to both claims.
[NAME]
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09 April 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 agreement was for temporary accommodation.
- The Residential Tenancies Act excludes certain cases from its jurisdiction.
- The security payment was used for outstanding weekly payments as per the agreement.
❌ Tends to be rejected
- The tenant claimed for exemplary damages.
- The claim was based on the assumption that the Tenancy Tribunal had jurisdiction over temporary accommodation agreements.
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 tenant's claim due to lack of jurisdiction.
What was the dispute about?
The dispute was about whether the Tenancy Tribunal had jurisdiction over a temporary accommodation agreement.
How did the court decide, and why?
The court decided to dismiss the claim because the agreement was for temporary accommodation, which falls outside the Tribunal's jurisdiction.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 5, was applied.
What was the argument that mattered most?
The argument that mattered most was that the agreement was for temporary accommodation, not a regular tenancy.
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 check if their agreement is for temporary accommodation, as the Tenancy Tribunal may lack jurisdiction.
What evidence or documents mattered?
The agreement for temporary accommodation and the security payment were the key pieces of evidence.