Tribunal Allows Landlord to Dispose of Tenant's Belongings
📌 In brief
The Tenancy Tribunal ruled that the landlord could dispose of the tenant's belongings because the tenant could not be reached and the items were not valuable enough to warrant storage and disposal costs.
⚖️ Legal holding
A landlord may dispose of a tenant's belongings if the tenant cannot be contacted and the value of the goods is below the cost of storage and disposal.
📖 What the law says
This rule explains what a landlord must do if a tenant leaves belongings behind after a tenancy ends. For perishable items like food, the landlord can get rid of them right away. For other 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 allowed the landlord to dispose of the tenant's belongings.
📜 Headnote Official document
The Tenancy Tribunal allowed the landlord to dispose of the tenant's belongings after determining that the tenant could not be contacted and the value of the goods was insufficient to justify storage and disposal costs.
📚 Full judgment Official document
__________________________________________________________________________________ 5230835 1
[2025] NZTT 5230835
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] 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. Only the landlord attended the hearing. The tenant did not pick up two calls placed to his number.
2. The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
3. This history of this matter is set out in my prior order dated 27 November 2024 (5031728).
4. On that date, I made an order giving the landlord possession of the premises. By agreement of the landlord, possession of the property did not return to it until 14 February 2025 when the tenant eventually moved out. The tenant is aged 74 and
__________________________________________________________________________________ 5230835 2
is believed to have moved back to Malaysia. There was a reference to that possibility in my prior order.
5. The landlord has provided photographs which show the property to be an extremely cluttered condition, with items piled up on each other. These items may have had vale to the tenant but from an objective point of view it is hard to see how much in the way of value can be ascribed to them.
6. The landlord’s evidence that the property is now attracting cockroaches due to all the items and there have been complaints from the neighbours about that.
7. The landlord needs to remove the tenants’ belongings and attempts to contact the tenant about this have not been successful. The tenant has not been engaging with the landlord.
8. I am satisfied that the landlord is unable to contact the tenant.
9. It is not practicable for the landlord to the return the goods to the tenant. The landlord does not even know where the tenant is. 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.
D Watson
29 May 2025
__________________________________________________________________________________ 5230835 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 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/
__________________________________________________________________________________ 5230835 4
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 could not reach the tenant, who did not answer calls.
- The landlord could not contact the tenant to discuss the belongings.
- The tenant was not engaging with the landlord regarding the items.
- The value of the tenant's goods was less than the cost to store, transport, and sell them.
- It was not practical for the landlord to return the goods because the tenant's location was unknown.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal allowed the landlord to dispose of the tenant's belongings.
What was the dispute about?
The landlord wanted permission to dispose of items 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 could not be contacted and the items were not valuable enough to justify the costs of storage and disposal.
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 argument that mattered most was that the tenant could not be contacted and the items were not valuable enough to justify the costs of storage and disposal.
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 might be able to dispose of a former tenant's belongings if they cannot be contacted and the items are not valuable enough to justify the costs of storage and disposal.
What evidence or documents mattered?
Photographs showing the property in a cluttered condition and evidence of complaints from neighbors about pests were presented.