Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

62B: Disposal of abandoned goods in accordance with Tribunal order

You could also call this:

"What happens to stuff left behind by a tenant"

Illustration for Residential Tenancies Act 1986

You can ask the Tribunal for an order to get rid of goods left behind by a tenant. The Tribunal can order the goods to be returned to the tenant or sold if that is not possible. The Tribunal can also say the order does not take effect until the tenant has a chance to collect the goods. You can apply to the Tribunal for an order to dispose of goods that belong to the tenant, including personal documents. The Tribunal must make an order to return the goods or to sell them if it is not practical to return them. If the Tribunal orders the goods to be sold, it must say how much the landlord is owed from the sale. The Tribunal can make conditions before the order takes effect, such as giving the tenant time to collect the goods. If the goods are sold, the Tribunal's order must state how much the landlord is owed from the sale. The Tribunal's order can be about goods that section 62(3) applies to, and it can also consider section 78(3) when making its decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3280862.

This page was last updated on View changes


Previous

62A: Disposal of abandoned goods following assessment of market value, or

"What happens to your stuff if you leave it behind when you move out of a rental property?"


Next

62C: Application of proceeds of sale and recovery of amount owing, or

"How the money from selling a tenant's left-behind things is used and how the landlord can get back what they're owed"

Part 2Tenancy agreements
Termination of tenancies and recovery of possession

62BDisposal of abandoned goods in accordance with Tribunal order

  1. The landlord may apply to the Tribunal for an order for the disposal of the goods to which section 62(3) applies, including any personal documents belonging to the tenant.

  2. On an application under subsection (1), the Tribunal must make an order—

  3. for the return of the goods to the tenant; or
    1. if that is not practicable, for the sale or other disposition of the goods.
      1. Without limiting section 78(3), the Tribunal may, in making an order for the sale or other disposition of goods under this section, direct that the order is not to take effect unless the tenant has had the opportunity to collect the goods within a period specified in the order or unless another condition is met.

      2. If the Tribunal makes an order for the sale of goods under this section, the order must state the amount owing (if any) to the landlord out of the proceeds of sale.

      Notes
      • Section 62B: inserted, on , by section 44 of the Residential Tenancies Amendment Act 2010 (2010 No 95).