Tenancy Tribunal dismisses flatmate claim for lack of jurisdiction
📌 In brief
The Tenancy Tribunal dismissed a claim brought by a tenant against a landlord because the tenant was renting a room in the landlord's primary residence, which is considered a flatmate situation and thus falls outside the scope of the Residential Tenancies Act 1986.
⚖️ Legal holding
The Tenancy Tribunal lacks jurisdiction over claims involving flatmates renting rooms in the primary residence of the landlord.
📖 Technical summary
The Tenancy Tribunal dismissed the claim due to lack of jurisdiction.
📜 Headnote Official document
The Tenancy Tribunal dismissed a claim brought by a tenant against a landlord, ruling that it lacked jurisdiction due to the claimant renting a room in the landlord's primary residence, which falls outside the scope of the Residential Tenancies Act 1986 under Section 5.
📚 Full judgment Official document
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[2026] NZTT 5453936
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. The applicant attended the hearing. The respondent did not.
2. This hearing was to decide whether the Tenancy Tribunal had jurisdiction to hear this claim. It was set down for a jurisdiction hearing because the evidence suggested that this was a flatmate situation where the applicant was renting a room in the primary residence of the respondent. Such situations are excluded from the RTA under Section 5.
3. On the day of the hearing the respondent provided a copy of an order made by the dispute’s tribunal on the same matter in favour of the applicant.
4. At the hearing the applicant confirmed the order and stated they wished to proceed with todays hearing because the respondent has not complied with the Disputes Tribunals order.
5. Given the Disputes Tribunal has already accepted jurisdiction and decided the claim there is no decision to be made today by this Tribunal.
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6. The Tenancy Tribunal is not the appropriate forum for the concerns the applicant has raised in the hearing. If they wish, they may seek advice about enforcement by contacting the Ministry of Justice Civil enforcement unit or seeking independent legal advice.
H Ben Fayed 11 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the claim because it lacked jurisdiction over flatmate situations.
What was the dispute about?
The dispute was about a tenant claiming rights under the Residential Tenancies Act while renting a room in the landlord's primary residence.
How did the court decide, and why?
The court decided to dismiss the claim because the situation involved a flatmate renting a room in the landlord's primary residence, which is excluded from the Act.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically Section 5, was applied.
What was the argument that mattered most?
The argument that mattered most was that the situation was a flatmate arrangement, which is excluded from the Act.
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 be aware that the Tenancy Tribunal may lack jurisdiction if they are renting a room in their landlord's primary residence.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.