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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

62F: Protection from liability

You could also call this:

“This law keeps landlords and buyers safe from getting in trouble when they sell or buy a tenant's things, as long as they follow the rules and act honestly.”

Your landlord won’t get in trouble for selling or getting rid of your things under section 62 or section 62A, or if they follow the rules, or if they have an order under section 62B. This is true unless they had a reason to think the stuff didn’t belong to you.

If someone buys your things that were sold under section 62A(5)(b)(ii) or section 62B(2)(b), or if the rules were followed, you can’t get those things back. This is true unless you can show that the buyer didn’t act in good faith.

In this part of the law, ‘rules’ means the rules made for section 62(3A).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3280867.

Topics:
Housing and property > Renting
Crime and justice > Criminal law
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Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

62FProtection from liability

  1. The landlord is not liable in respect of goods sold or disposed of under section 62 or 62A or in accordance with regulations, or under an order made under section 62B or in accordance with regulations, unless it is shown that, at the time of the sale or disposition, the landlord had reason to believe that the goods were not owned by the tenant.

  2. Any goods sold under section 62A(5)(b)(ii) or in accordance with regulations, or under an order made under section 62B(2)(b) or in accordance with regulations, are not recoverable from the purchaser unless it is shown that the purchaser acted otherwise than in good faith.

  3. In this section, regulations means regulations made for the purposes of section 62(3A).

Notes
  • Section 62F: inserted, on , by section 44 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
  • Section 62F(1): amended, on , by section 38(1) of the Residential Tenancies Amendment Act 2019 (2019 No 37).
  • Section 62F(2): amended, on , by section 38(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).
  • Section 62F(3): inserted, on , by section 38(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).