Tribunal Lacks Jurisdiction Over Landlord's Principal Residence
📌 In brief
In this case, the Tenancy Tribunal decided it could not hear a tenant's application for a bond refund because the landlord lived in the premises as his primary residence. This decision was made based on the Residential Tenancies Act 1986, which excludes such situations from the Tribunal's jurisdiction.
⚖️ Legal holding
Where the premises continue to be used principally as a place of residence by the landlord, the Residential Tenancies Act 1986 does not apply.
📖 Technical summary
The Tribunal lacks jurisdiction due to the landlord's continued principal residence in the premises.
📜 Headnote Official document
The Tribunal found it lacked jurisdiction to hear a case involving a tenant's application for a bond refund, as the premises continued to be used principally as a place of residence by the landlord. The decision was based on section 5(1)(n) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5453943 1
[2026] NZTT 5453943
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. By declaration, the Tribunal does not have jurisdiction under the Residential Tenancies Act 1986 in relation to the premises occupied by [NAME_3] at [ADDRESS], Sandringham.
2. The application is dismissed.
Reasons:
1. The tenant attended the hearing held on 10 June 2026 by video. The landlord did not attend the hearing.
2. The tenant has applied for refund of the bond.
3. The application states that the tenancy was advertised as a room in a four- bedroom, 2-bathroom house and the landlord referred to himself as an “owner- occupied landlord”.
4. It appeared that this matter may be outside the jurisdiction of the Tribunal.
5. Section 5(1) of the Residential Tenancies Act 1986 states,
This Act shall not apply in the following cases:
…
__________________________________________________________________________________ 5453943 2
(n) where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owners family.
6. The premises is not a boarding house because it does not come within the definition as set out in section 66B of the Residential Tenancies Act 1986 which states,
boarding house means residential premises—
(a) containing 1 or more boarding rooms along with facilities for communal use by the tenants of the boarding house; and
(b) occupied, or intended by the landlord to be occupied, by at least 6 tenants at any one time
7. After hearing from the tenant and considering the evidence and in accordance with section 5(1)(n) it is declared that the Act does not apply in this situation and therefore the Tribunal does not have jurisdiction.
8. The application is dismissed.
N Walker
10 June 2026
__________________________________________________________________________________ 5453943 3
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/
__________________________________________________________________________________ 5453943 4
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 Tribunal decided it lacked jurisdiction to hear the tenant's application for a bond refund.
What was the dispute about?
The dispute was about whether the Tribunal had the authority to hear a case involving a tenant's application for a bond refund.
How did the court decide, and why?
The court decided that it lacked jurisdiction because the premises continued to be used principally as a place of residence by the landlord, as per section 5(1)(n) of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 5(1)(n) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the premises continued to be used principally as a place of residence by the landlord.
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 Tribunal may lack jurisdiction if the landlord continues to reside in the premises as their principal residence.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.