Plain language law

New Zealand law explained for everyone

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”

You could also call this:

“You can ask for money from your sold stuff within a year if your landlord sold it after you left”

If your belongings are sold after your tenancy ends, you have the right to claim the money from that sale. You can do this up to one year after the sale happens. The sale could be because of section 62A(5)(b)(ii) or an order under section 62B(2)(b).

To claim the money, you need to ask the chief executive. They keep the money from the sale in a special account called the Residential Tenancies Trust Account. When you ask for the money, the chief executive can do one of two things. They can either give you the money, or if they have good reasons, they can ask the Tribunal to decide what should happen.

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Next up: 62E: Responsibility of tenant unaffected

or “Tenants must still remove their belongings when they move out, even if the landlord can dispose of some items.”

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Residential Tenancies Act 1986
Tenancy agreements
Termination of tenancies and recovery of possession
62D: Tenant may claim proceeds of sale

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

62DTenant may claim proceeds of sale

At any time within 1 year after the date of a sale under section 62A(5)(b)(ii) or under an order made under section 62B(2)(b), the tenant may apply to the chief executive for the payment to the tenant of the proceeds of sale in the Residential Tenancies Trust Account, and the chief executive must either make that payment to the tenant or, if there are reasonable grounds to do so, refer the matter to the Tribunal for determination.

Notes