Tenant Ordered to Pay Rent Arrears and Abandoned Goods Disposed Of
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $5,482.72 in unpaid rent and the landlord can dispose of the tenant's abandoned items since the tenant could not be reached.
⚖️ Legal holding
A tenant is required to pay rent arrears and the landlord may dispose of the tenant's abandoned goods if the tenant cannot be contacted.
📖 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 get rid of them right away. For other items, 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 Tenancy Tribunal ordered the tenant to pay rent arrears and allowed the landlord to dispose of the tenant's abandoned goods.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,482.72 in rent arrears and allowed the landlord to dispose of the tenant's abandoned goods, as the tenant could not be contacted.
📚 Full judgment Official document
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[2025] NZTT 5162471
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Thornton, RD 4, Whakatane 3194
ORDER
1. [NAME] must pay [COMPANY] acting as agent for [NAME] $5,482.72 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 5 February 2025 $6,755.72 Filing fee reimbursement $27.00 Total award $6,782.72 Bond $1,300.00 Total payable by Tenant to Landlord $5,482.72
2. The Bond Centre is to pay the bond of $1,300.00 (6465948-011) to [COMPANY] acting as agent For [NAME] immediately.
3. [COMPANY] acting as agent For [NAME] must take any of the tenant’s personal documents left at the premises to the nearest Police station and obtain a receipt for them.
4. The landlord may dispose of any other goods left at the premises by the tenant as the landlord sees fit.
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Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 828.
2. The landlord has applied for rent arrears, disposal of goods, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
3. The tenancy ended on 5 February 2025. The landlord provided rent records which prove the amount owing of $6,755.72 at the end of the tenancy.
4. The landlord has also applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
5. The landlord has been unable to contact the tenant or agree on a period for the tenant to collect the goods.
6. It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
7. [COMPANY] acting as agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
R Harvey-Lane
12 May 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 landlord provided rent records proving the amount owing.
- The tenant did not attend the hearing and could not be contacted.
- The value of the tenant's abandoned goods is below the cost of storing, transporting, and selling them.
- The landlord has been unable to contact the tenant or agree on a period for the tenant to collect the goods.
- The landlord is practicable to dispose of the goods left behind by the tenant.
❌ Tends to be rejected
- The tenant did not provide any evidence or defense for the rent arrears.
- The tenant did not respond to attempts to contact them via telephone.
- The tenant did not reclaim their abandoned goods within a reasonable time frame.
- The tenant did not challenge the landlord's right to dispose of the goods.
- The tenant did not attend the hearing to dispute the claims made by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $5,482.72 in rent arrears and the landlord can dispose of the tenant's abandoned goods.
What was the dispute about?
The landlord claimed rent arrears and requested permission to dispose of the tenant's abandoned goods.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and could not be contacted.
Which laws or rules were applied?
Sections 62(3)(b) and 62B(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The landlord's inability to contact the tenant and the value of the abandoned goods being below the cost of storage and transportation.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they can be contacted and consider collecting their belongings before leaving a rental property.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.