Tenancy Tribunal Struck Out Application for Lack of Jurisdiction
📌 In brief
The Tenancy Tribunal dismissed an application because it lacked jurisdiction to hear disputes between two landlords. The applicant sought compensation and damages from a former property manager, but the Tribunal ruled that it could only hear disputes involving a landlord and a tenant.
⚖️ Legal holding
The Tenancy Tribunal does not have jurisdiction over disputes between landlords unless one party is a tenant.
📖 What the law says
This section states that the Tenancy Tribunal has the power to resolve disagreements between landlords and tenants about a tenancy covered by this Act. It also allows the Tribunal to decide if a property is a residential premise under the Act or if a tenancy agreement exists.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal lacks jurisdiction to hear disputes between two landlords.
📜 Headnote Official document
The Tenancy Tribunal struck out an application for lack of jurisdiction, ruling that it could only hear disputes between landlords and tenants, not between two landlords.
📚 Full judgment Official document
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[2025] NZTT 5146694
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
RESPONDENT: [redacted]
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The Tenancy Tribunal does not have jurisdiction in this matter.
2. This application is struck out.
Reasons:
1. Both parties attended the hearing via teleconference.
2. [NAME] (applicant) is seeking compensation and exemplary damages from his former property manager, [COMPANY] (respondent) in relation to a tenancy at [ADDRESS], Gate Pa, Tauranga.
3. However, there is a preliminary issue as to whether or not the Tenancy Tribunal has jurisdiction under the Residential Tenancies Act 1986 (RTA) to hear and determine this application.
4. Section 77(1) RTA provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies.
5. The definition of a landlord is set out at section 2 RTA as follows:
landlord, in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes—
(a) a prospective landlord; and
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(b) a former landlord; and
(c) a lawful successor in title of a landlord to the premises; and
(d) the personal representative of a deceased landlord; and
(e) an agent of a landlord.
6. [NAME] says he filed a claim against [COMPANY] with both the Tenancy Tribunal and the Disputes Tribunal, and he was unsure where the matter would be heard.
7. The RTA is clear that the Tenancy Tribunal may only hear claims as between landlords and tenants. Although I have not had sight of the tenancy agreement, it is likely that both [NAME] and [COMPANY] are landlords of the tenancy. [COMPANY] is not the tenant.
8. The application is therefore struck out as the Tenancy Tribunal does not have jurisdiction.
9. If [NAME] intends to pursue claims his claim for compensation against [COMPANY], the correct forum is the Disputes Tribunal.
[NAME] 02 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. 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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The Tenancy Tribunal does not have jurisdiction over disputes between two landlords.
❌ Tends to be rejected
- The Tenancy Tribunal has jurisdiction over disputes involving a tenant and a landlord.
- The Tenancy Tribunal can hear claims between landlords and tenants.
- The Tenancy Tribunal can hear claims involving a former property manager and a current tenant.
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 for lack of jurisdiction.
What was the dispute about?
The dispute was about compensation and damages between a former tenant and a property management company.
How did the court decide, and why?
The court decided that it lacked jurisdiction because the dispute was between two landlords, not a landlord and a tenant.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 77 was applied.
What was the argument that mattered most?
The argument that mattered most was that the Tenancy Tribunal only has jurisdiction over disputes between landlords and 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 consider filing their claim in the Disputes Tribunal.
What evidence or documents mattered?
The judgment does not specify