Tenant Ordered to Pay Rent Arrears and Allow Landlord to Dispose of Belongings
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $1,681.43 in rent arrears and the landlord is permitted to dispose of the tenant's belongings left at the premises.
⚖️ Legal holding
A tenant must pay rent arrears and comply with their obligations at the end of the tenancy.
📖 What the law says
This rule states that a tenant is responsible for paying rent on time as agreed in their tenancy agreement. It also requires the tenant to leave the premises reasonably clean and tidy, and to remove all their belongings and rubbish when the tenancy ends.
This rule explains what happens if a tenant leaves their belongings behind after a tenancy ends. For most 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 tenant to pay rent arrears and allowed the landlord to dispose of the tenant's belongings.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and allowed the landlord to dispose of the tenant's belongings due to non-compliance with obligations at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5116189
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must to pay [COMPANY] As Agent For [NAME] $1,708.43 from the bond, calculated as shown in table below.
2. [COMPANY] is to pay the bond of $1,708.43 to [COMPANY] As Agent For [NAME] immediately. [COMPANY] is to pay the bond of $131.57 to [NAME] immediately.
3. [NAME] must collect all of his belongings from [ADDRESS], [POSTCODE] by 11.59 pm on Sunday 23 March 2025.
4. Any of [NAME]’s belongings that have not been collected by [NAME] by 11.59 pm on Sunday 23 March 2025 may be disposed of by [COMPANY] As Agent For [NAME] according to the Residential Tenancies Act, 1986 sections 62, 62A and 62B.
5. That is to say, [COMPANY] must take any of [NAME]’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
6. The landlord shall dispose of the other goods left at the premises by [NAME] by:
a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and
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b. disposing of all goods with no saleable value as the landlord sees fit.
7. [COMPANY] As Agent For [NAME] must pay the proceeds of any sale, less the amount owing, to [COMPANY] together with a copy of this order.
Description Landlord Tenant Rent arrears to 3 December 2024 $1,681.43 Filing fee reimbursement $27.00 Total award $1,708.43 Bond $1,708.43 $131.57
Reasons:
1. The landlord and [NAME] attended the hearing which was held by teleconference. [NAME] did not answer either of the calls made at the scheduled time on the numbers provided to the Tribunal.
2. I am satisfied [NAME] has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986. [NAME] has not requested an adjournment so the hearing was conducted in his absence.
3. The landlord has applied for rent arrears, a disposal order, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
4. The landlord provided information that the tenant gave notice on 5 November 2024 to end the tenancy. [NAME] gave two week’s notice. By law, a tenant was required at that time to give 28 days’ notice to end the tenancy. I determine that the tenancy ended on 3 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,681.43.
Did the tenant comply with their obligations at the end of the tenancy?
5. At the end of the tenancy a tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
6. At the end of this tenancy, [NAME] did not remove all of his belongings.
7. The landlord has applied for the disposal of goods [NAME] left at the premises at the end of the tenancy.
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8. The landlord is unable to contact [NAME].
9. It is not practicable for the landlord to the return the goods to [NAME]. If any of the goods 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 [COMPANY]. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
11. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
19 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 did not provide notice of termination for the required 28 days.
- The landlord provided proof of the exact amount of rent arrears.
- The landlord showed that the tenant did not remove all belongings at the end of the tenancy.
- The tenant did not request an adjournment of the hearing despite proper notice.
❌ Tends to be rejected
- The tenant did not answer the calls made at the scheduled time for the hearing.
- The tenant did not comply with the obligation to leave the premises clean and tidy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $1,681.43 in rent arrears and the landlord was allowed to dispose of the tenant's belongings.
What was the dispute about?
The dispute was about unpaid rent and the landlord's right to dispose of the tenant's belongings left at the premises.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and the landlord can dispose of the belongings because the tenant failed to comply with their obligations at the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40 and 62 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant did not provide proper notice and did not remove all belongings from the premises.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means they must ensure they comply with their obligations at the end of the tenancy, including paying rent arrears and removing all belongings.
What evidence or documents mattered?
The rent records and the condition of the premises at the end of the tenancy were important pieces of evidence.