Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Key money, bonds, and rents

33: Tenant's goods not to be seized

You could also call this:

“Landlords can't take or get rid of your stuff if you owe rent or for any other reason related to renting.”

Your landlord is not allowed to take or get rid of any of your things, even if you owe rent or for any other reason related to your tenancy. If a landlord does this, it’s against the law.

This rule doesn’t change how orders from the Tenancy Tribunal or a court can be carried out.

There are two exceptions to this rule:

  1. Your landlord can dispose of your things if they follow the rules in sections 62 to 62C or the rules made for section 62(3A).

  2. If your landlord thinks you’ve left the property for good, they can get rid of food or other things that might go bad quickly.

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 It might be out of date or be missing some parts.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=DLM95071.

Topics:
Housing and property > Renting
Crime and justice > Criminal law
Previous

32: Accelerated rent or damages prohibited, or

“Landlords can't make tenants pay extra money or higher rent if they break the rules”

Next

34: Transitional provision relating to bonds, or

“This rule used to explain how to handle money deposits for renting, but it's not used anymore.”

Part 2 Tenancy agreements
Key money, bonds, and rents

33Tenant's goods not to be seized

  1. The landlord shall not be entitled to seize or dispose of any of the tenant's goods—

  2. as security for or in payment of any amount owing by way of rent; or
    1. for any other reason arising from the tenancy.

      1. Seizing or disposing of any goods in contravention of subsection (1) is hereby declared to be an unlawful act.

      2. Nothing in this section shall limit or affect the way in which any order of the Tribunal, or of any court on appeal from the Tribunal, may be enforced.

      3. Nothing in this section applies to—

      4. goods disposed of under any of sections 62 to 62C or in accordance with regulations made for the purposes of section 62(3A); or
        1. foodstuffs and other perishable goods if the landlord has reasonable cause to believe that the premises have been abandoned by the tenant.

          Notes
          • Section 33: replaced, on , by section 15 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
          • Section 33(4)(a): amended, on , by section 27 of the Residential Tenancies Amendment Act 2019 (2019 No 37).
          • Section 33(4)(a): amended, on , by section 24 of the Residential Tenancies Amendment Act 2010 (2010 No 95).