Tenant Entitled to Final Opportunity to Retrieve Belongings Before Disposal
📌 In brief
The Tenancy Tribunal ruled that the landlord must give the tenant a final chance to remove their belongings from the rented property before the landlord can dispose of them. The tenant did not attend the hearing and did not provide evidence to support their request for an adjournment.
⚖️ Legal holding
A tenant is entitled to a final opportunity to retrieve their belongings before they are disposed of by the landlord.
📖 What the law says
This section explains what a landlord must do if a tenant leaves goods behind after a tenancy ends. For perishable items like food, the landlord can dispose of them immediately. For other goods, the landlord must store them safely and ask the Tenancy Tribunal for permission to dispose of them.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the landlord to provide a final opportunity for the tenant to remove their belongings before disposing of them.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to provide the tenant with a final opportunity to remove their belongings from the premises before the landlord could dispose of them. The Tribunal noted that the tenant had failed to attend the hearing and had not provided supporting evidence for an adjournment request.
📚 Full judgment Official document
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[2025] NZTT 4986170
TENANCY TRIBUNAL AT PALMERSTON NORTH | TE TARAIPIUNARA RETIHANGA KI TE PAPAIOEA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The landlord shall make the premises available to the tenant from 9 am to 5 pm this Saturday 29 March 2025 for the tenant to have a final opportunity to remove his goods.
2. If the tenant fails to remove all his goods by 5 pm Saturday 29 March 2025, [COMPANY] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them; and
3. The landlord shall dispose of the other goods left at the premises by the tenant by:
a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and
b. disposing of all goods with no saleable value as the landlord sees fit.
4. The amount owing to the applicant out of the proceeds of any sale is $950.00.
5. [COMPANY] must pay the proceeds of any sale, less the amount owing, to the [COMPANY] together with a copy of this order.
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Reasons:
1. The landlord attended the hearing.
2. The tenant did not attend the hearing.
3. The Tribunal’s records note that the tenant contacted the Tribunal on 21 March 2025 and advised that the landlord had been hospitalised and an adjournment was required. The landlord denied that he had been hospitalised recently.
4. The Tribunal’s records show that the tenant contacted the Tribunal late yesterday afternoon to advise that he would not be at the hearing as he had an emergency dentist appointment followed by a doctor’s appointment. The note does not record a request for an adjournment and does not include any supporting evidence.
5. This tenancy was terminated by the Tribunal’s order of 13 September 2023. The tenant was evicted by the bailiff on 13 November 2023. Since that date the tenant’s goods have remained at the property.
6. The landlord advised that he has arranged to return to the tenant his personal papers and a number of other items. He provided photographic evidence of the substantial amount of material remaining that occupies two bays of a garage and one room of the property. The landlord explained that he has tried repeatedly to arrange a suitable time with the tenant to remove the tenant’s goods but has not been able to have the tenant complete the task, despite offering to assist the tenant.
7. The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
8. The landlord is to allow the tenant a final opportunity to come and collect his goods and agreed that he will have the property open to the tenant for this purpose from 9 am to 5 pm this Saturday 29 March 2025. If the tenant does not remove all of his goods from the property during this time, then the landlord is authorised to sell or dispose them.
9. It is not practicable for the landlord to the return the goods to the tenant. From the photographic evidence, some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
10. The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the [COMPANY]. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
11. The landlord has been storing the goods for 14 months. It is appropriate that the landlord be compensated for the costs of storage in the sum of $950.00 which can be deducted from the proceeds of sale.
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12. The landlord may dispose of any goods that have no saleable value.
[NAME]
26 March 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 tenant is given a final chance to retrieve their belongings before the landlord disposes of them.
- The landlord must provide access to the tenant's goods for removal on a specified day.
- Personal documents left behind must be taken to the nearest police station by the landlord.
❌ Tends to be rejected
- The tenant's absence from the hearing and lack of supporting evidence for requesting an adjournment were not considered sufficient reasons to delay the proceedings.
- The landlord is allowed to sell or dispose of the tenant's goods if they are not removed within the specified timeframe.
- The landlord can deduct any outstanding rent from the sale proceeds of the tenant's goods.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the landlord to provide the tenant with a final opportunity to remove their belongings from the premises before disposal.
What was the dispute about?
The dispute was about whether the tenant should be given a final opportunity to remove their belongings before the landlord disposes of them.
How did the court decide, and why?
The court decided that the tenant should be given a final opportunity to remove their belongings because the landlord had repeatedly offered assistance and the goods had been stored for over a year.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 62(3)(b) and 62B(2) were applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's repeated attempts to assist the tenant in removing the belongings, and the fact that the goods had been stored for over a year.
Was the decision for or against the person who brought the case?
The decision was for the tenant, who brought the case to ensure a final opportunity to remove belongings.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend hearings and provide evidence to support their requests for adjournments.
What evidence or documents mattered?
Photographic evidence of the belongings and the landlord's attempts to assist the tenant mattered in the decision.