Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tribunal
📌 In brief
The Tenancy Tribunal allowed a landlord to dispose of items left behind by a tenant after giving them time to collect their belongings. The decision was based on the value of the goods being too low for return or storage, and follows provisions in the Residential Tenancies Act 1986.
⚖️ Legal holding
A landlord is entitled to dispose of a tenant's abandoned goods if they have been given a reasonable period to collect them and the value of the goods does not justify their return or storage costs.
📖 What the law says
This rule explains what a landlord must do when 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 landlord was granted permission to dispose of goods left by the tenant.
📜 Headnote Official document
The Tenancy Tribunal ruled that the landlord may dispose of goods left by the tenant after a reasonable period for collection was provided and it was determined that the value of the items did not justify their return or storage costs. The decision is based on sections 62(3)(b) and 62B(2), (3) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5472710 1
[2026] NZTT 5472710
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [APPELLANT] [NAME] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
2. The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
Reasons:
1. The landlord attended the hearing held remotely on 3 June 2026. The tenant did not attend the hearing.
2. The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
3. The landlord agreed on a period for the tenant was to collect the goods, but the tenant failed to collect the goods within that time.
4. 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.
__________________________________________________________________________________ 5472710 2
[NAME]
03 June 2026
__________________________________________________________________________________ 5472710 3
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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Current Rent
- Tenancy Tribunal Tenancy Terminated for Tenant’s Abandonment and Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent and Arrears
- Tenancy Tribunal Tenant's Tenancy Terminated for Abandonment and Arrears
- Tenancy Tribunal Tenant Ordered to Pay Arrears and Vacate Property
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay $1,160.41 in Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request Due to Lack of Evi…
- Tenancy Tribunal Tenant’s Late Rehearing Application Denied by Tenancy Tribunal
- Tenancy Tribunal Landlord’s Claim for Rent Arrears Dismissed by Tenancy Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant failed to respond to the landlord's inquiries about possession.
- There were rent arrears of more than 21 days when the application was filed.
- The tenancy was terminated due to abandonment and non-payment of rent.
- The tenant did not comply with payment orders within the specified period.
❌ Tends to be rejected
- The landlord failed to provide robust documentary evidence for an expedited abandonment claim.
- There were indications that the tenancy had ended by notice rather than abandonment without reasonable excuse.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The landlord is allowed to dispose of items left by the tenant.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided that it was reasonable for the landlord to dispose of the goods after giving the tenant time to collect them. The value of the items was too low to justify their return or storage.
Which laws or rules were applied?
Sections 62(3)(b) and 62B(2), (3) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The value of the goods being too low to justify their return or storage was the key reason for the decision.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
If a tenant leaves behind items with low value, the landlord may be allowed to dispose of them after giving the tenant time to collect their belongings.
What evidence or documents mattered?
The court considered that the landlord provided a reasonable period for collection and determined the value of the goods was too low.
Can a decision like this be appealed?
Yes, either party can appeal within 10 working days to the District Court.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.