Tribunal Allows Landlord to Sell Tenant's Abandoned Goods
📌 In brief
The Tenancy Tribunal ruled that the landlord could sell and dispose of the tenant's abandoned goods because the tenant could not be reached and it was impractical to return the items.
⚖️ Legal holding
A landlord may sell and dispose of a tenant's abandoned goods if the tenant cannot be contacted and it is impracticable to return the goods.
📖 Technical summary
The Tribunal allowed the landlord to sell and dispose of the tenant's abandoned goods.
📜 Headnote Official document
The Tenancy Tribunal allowed the landlord to sell and dispose of the tenant's abandoned goods after the tenant could not be contacted and it was impracticable to return the goods to the tenant.
📚 Full judgment Official document
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[2025] NZTT 5058491
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. 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.
2. Given the amount of time since the tenancy ended and that the landlord has stored the goods the landlord may retain the proceeds of any sale to offset the storage cost.
Reasons:
1. The landlord attended the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.
2. The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
a. The landlord is unable to contact the tenant.
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3. It is not practicable for the landlord to the return the goods to the tenant. The landlord has stored the goods since the tenancy ended in October 2024.
4. The landlord may retain the sale proceeds to offset the cost of storage.
5. The landlord may dispose of any goods that have no saleable value.
6. The landlord confirmed that she has taken the personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and has obtained a receipt for them.
[NAME]
07 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 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 could not contact the tenant.
- It was impractical to return the goods to the tenant.
- The landlord stored the goods since the tenancy ended in October 2024.
- The landlord returned the tenant’s personal documents to the police.
❌ Tends to be rejected
- The tenant did not attend the hearing to contest the disposal of their goods.
- There were no arguments presented by the tenant opposing the landlord's request.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision allowed the landlord to sell and dispose of the tenant's abandoned goods.
What was the dispute about?
The dispute was about whether the landlord could sell and dispose of the tenant's abandoned goods after the tenant could not be contacted.
How did the court decide, and why?
The court decided in favour of the landlord because it was impracticable to return the goods to the tenant and the landlord had stored the goods since the tenancy ended.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the landlord could not contact the tenant and it was impracticable to return the goods.
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 sell and dispose of abandoned goods if they cannot contact the tenant and it is impracticable to return the goods.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.