Tenant ordered to pay rent arrears and removal costs
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay rent arrears and costs for the removal of abandoned goods left at the rental property. The tenant did not contest these claims and accepted responsibility for the costs.
⚖️ Legal holding
A tenant must pay rent arrears and costs related to the removal of abandoned goods.
📖 What the law says
This section outlines a tenant's responsibilities, including paying rent on time, keeping the property reasonably clean, and removing all their belongings when the tenancy ends.
This section deals with goods left behind by a tenant after a tenancy ends. It states that landlords can immediately dispose of perishable items, but for other goods, they must store them safely and ask the Tribunal for an order on how to deal with them.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay rent arrears and costs for removing abandoned goods.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and costs related to the removal of abandoned goods left at the premises. The Tribunal found the landlord's claims accurate and compliant with the statutory process.
📚 Full judgment Official document
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[2025] NZTT 5178652
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Trustees For [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [NAME] And [NAME] As Trustees For [COMPANY] $11,998.00 immediately, calculated as shown in the table below.
2. The Bond Centre is to pay the bond of $1,600.00 (5881393-005) to [NAME] And [NAME] As Trustees For [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 18/01/2025 $12,471.00 Removal of abandoned goods $1,100.00 Filing fee reimbursement $27.00 Total award $13,598.00 Bond $1,600.00 Total payable by Tenant to Landlord $11,998.00
Reasons:
1. Both parties attended the hearing which was held on 20 May 2025 by teleconference.
2. The landlord has applied for rent arrears and costs relating to the removal and disposal of goods left at the premises following the end of the tenancy.
3. The tenancy ended on 5 January 2025. In support of the application, the landlord has provided a rent summary, dated invoices, photographs, and records of correspondence. These materials establish that the amount of rent arrears claimed—$12,471.00—is accurate and relates to unpaid rent owing
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prior to and up to the end of the tenancy. The Tribunal is satisfied that this amount is recoverable under section 40(1)(a) of the Residential Tenancies Act 1986, which requires a tenant to pay the rent as and when it falls due.
4. In relation to the abandoned goods, the landlord submitted photographic evidence and a record of communication showing that the tenant left behind a significant quantity of belongings when she vacated the premises. The landlord made reasonable efforts to contact the tenant to arrange collection and to store the items safely, but the tenant did not collect the goods within a reasonable timeframe. Under sections 62 and 62B of the RTA, a landlord is entitled to dispose of abandoned goods if the tenant has been given notice and fails to collect them.
5. The tenant did not dispute the landlord’s claims. She acknowledged that she was not in a position to remove the goods at the time and accepted responsibility for the cost of removal and disposal. She stated that she would rather pay the cost than attempt to retrieve the items. The Tribunal is satisfied that the landlord complied with the statutory process and that the amount claimed—$1,100.00—is reasonable and supported by invoices.
6. The tenant also raised concerns about the landlord’s failure to repair a leaking roof and other maintenance issues over the course of the tenancy. She submits that, in light of those issues, she should have received a rent reduction and/or compensation for not being able to use the premises fully. However, the tenant has not filed a cross-application. The Tribunal may only consider claims that have been formally brought before it. In the absence of a cross-application, the Tribunal is unable to make any findings on that issue. It remains open to the tenant to file a separate application for compensation through Tenancy Services. If successful, any amount awarded may be considered as a set-off against the debt established in this decision.
7. As the landlord has been wholly successful with the claims, I order the tenant to reimburse the filing fee.
J Setefano
22 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 tenant must pay $12,471.00 for rent arrears as it is accurate and due.
- The landlord is entitled to dispose of abandoned goods and claim $1,100.00 for removal costs.
- The tenant accepted responsibility for the cost of removing abandoned goods.
- The landlord provided accurate records and invoices supporting the rent arrears and removal costs.
❌ Tends to be rejected
- The tenant argued for a rent reduction or compensation due to maintenance issues but did not file a cross-application.
- The tribunal cannot consider claims not formally brought before it.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay rent arrears and costs for the removal of abandoned goods.
What was the dispute about?
The landlord claimed rent arrears and costs for removing goods left behind by the tenant after the tenancy ended.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not dispute the claims and the landlord followed the correct procedures.
Which laws or rules were applied?
Sections 40(1)(a), 62, and 62B of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The landlord's compliance with the statutory process for removing abandoned goods was the central argument.
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 follow the proper procedures for removing abandoned goods and provide clear evidence of rent arrears.
What evidence or documents mattered?
Photographic evidence, records of correspondence, and invoices for the removal of abandoned goods were important.