Tenant Wins Order for Landlord to Sell Leftover Goods
📌 In brief
The Tenancy Tribunal ruled that the landlord must sell the tenant's goods left behind at the end of the tenancy and pay the proceeds to the tenant, minus any outstanding debts. The landlord must sell items with a saleable value and dispose of those without value as they see fit.
⚖️ Legal holding
A landlord must sell the tenant's goods and pay the proceeds to the tenant, minus any outstanding debts, if the tenant leaves goods behind at the end of the tenancy.
📖 What the law says
This rule explains what happens when a tenant leaves goods behind after a tenancy ends. If the goods are perishable, 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 instructions on what to do with them.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the landlord to sell the tenant's goods and pay the proceeds to the tenant, minus any outstanding debts.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to sell the tenant's goods left behind at the end of the tenancy and pay the proceeds to the tenant, minus any outstanding debts. The landlord must sell items with a saleable value and dispose of those without value as they see fit.
📚 Full judgment Official document
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[2025] NZTT 5158574
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] [NAME] 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.
2. 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.
3. [COMPANY] [NAME] must pay the proceeds of any sale, less the amount owing, to the [COMPANY] together with a copy of this order.
4. [NAME] must pay [COMPANY] [NAME] $27.00 immediately being reimbursement of the filing fee
Reasons:
1. [NAME] attended the hearing on behalf of the landlord. The tenant did not attend.
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2. The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
3. The landlord is unable to contact the tenant.
4. Some 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.
5. 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).
6. The landlord may dispose of any goods that have no saleable value.
7. [COMPANY] [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
20 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's claim was successful, so the tenant must pay back the filing fee.
- The landlord could not reach the tenant, which made it necessary for the tribunal to issue orders for the goods.
- The landlord must sell items that are worth more than the cost of managing them.
- The landlord can keep money from the sale of goods to cover what the tenant owes.
- The landlord can get rid of items that have no market value as they see fit.
❌ Tends to be rejected
- The tenant did not attend the hearing, so their arguments were not heard.
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 sell the tenant's goods and pay the proceeds to the tenant, minus any outstanding debts.
What was the dispute about?
The dispute was about the landlord's obligation to handle the tenant's goods left behind at the end of the tenancy.
How did the court decide, and why?
The court decided that the landlord must sell the tenant's goods and pay the proceeds to the tenant, minus any outstanding debts, because the tenant had a right to their belongings and the landlord had a duty to manage them properly.
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 that the tenant had a right to their belongings and the landlord had a duty to manage them properly.
Was the decision for or against the person who brought the case?
The decision was for the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect the landlord to sell their goods and pay the proceeds minus any outstanding debts.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.