Landlord Rights Regarding Abandoned Goods in New Zealand Tenancies
When a tenant vacates a rental property, they sometimes leave personal items behind. In New Zealand, these items are referred to as 'abandoned goods', and the Residential Tenancies Act 1986 (RTA) outlines clear rights and obligations for landlords concerning them. The aim is to balance a landlord's need to prepare the property for a new tenant with a former tenant's right to their possessions.
What Constitutes Abandoned Goods?
Goods are considered abandoned if the tenant has vacated the premises and left them behind, and it appears the tenant has no intention of resuming possession of them [Source: Residential Tenancies Act 1986, s 62B(1)]. This applies even if the tenancy agreement has not formally ended [Source: Residential Tenancies Act 1986, s 62B(2)].
Landlord's Obligations to Ascertain and Notify
A landlord has a duty of care to goods left behind, meaning they must take reasonable steps to ensure the goods are safe [Source: Residential Tenancies Act 1986, s 62C].
Before taking any action, the landlord must first make all reasonable efforts to ascertain whether the goods are, in fact, abandoned [Source: Residential Tenancies Act 1986, s 62D(1)]. This often involves attempting to contact the former tenant. If the goods are confirmed as abandoned, or if the landlord cannot contact the tenant after making reasonable inquiries, the landlord must then notify the tenant about the abandoned goods [Source: Residential Tenancies Act 1986, s 62E(1)].
This notification must:
- Be in writing.
- Describe the goods.
- State where the goods are being held.
- Specify the last day on which the tenant may reclaim the goods.
- Explain that if the goods are not reclaimed by that date, the landlord may dispose of them [Source: Residential Tenancies Act 1986, s 62E(2)].
The notice period must be at least 10 working days from the date of the notice [Source: Residential Tenancies Act 1986, s 62E(3)]. The notice must be given to the tenant at their forwarding address or last known address. If no address is known, the landlord must take reasonable steps to bring the notice to the tenant's attention [Source: Residential Tenancies Act 1986, s 62E(4)].
Storage of Abandoned Goods
While awaiting reclamation, the landlord must store the goods in a safe and secure manner [Source: Residential Tenancies Act 1986, s 62C]. The landlord is entitled to recover reasonable costs for storing and dealing with the abandoned goods from the tenant if the tenant reclaims them [Source: Residential Tenancies Act 1986, s 62G(1)].
Tenant's Right to Reclaim Goods
A tenant has the right to reclaim their abandoned goods at any time before the landlord lawfully disposes of them [Source: Residential Tenancies Act 1986, s 62F]. However, the tenant may be required to pay the landlord's reasonable costs incurred in storing and managing the goods before retrieving them [Source: Residential Tenancies Act 1986, s 62G(1)].
Disposal of Abandoned Goods
If the tenant fails to reclaim the goods within the specified notice period, the landlord may dispose of them, following specific rules depending on the nature and value of the items.
Perishable or Unsafe Goods
Goods that are perishable (e.g., food) or unsafe to store (e.g., hazardous materials) may be disposed of immediately and in a reasonable manner, even without giving notice to the tenant [Source: Residential Tenancies Act 1986, s 62I(1)].
Goods of Low Value
If the total value of the abandoned goods is less than the amount prescribed by regulations (currently $1,000) [Source: Residential Tenancies (Abandoned Goods) Regulations 1993, reg 3; Residential Tenancies Act 1986, s 62J(1)], and the tenant has not reclaimed them after the notice period, the landlord may dispose of them in any lawful manner [Source: Residential Tenancies Act 1986, s 62J(1)]. The landlord is entitled to keep any proceeds of sale, up to the amount of their reasonable costs [Source: Residential Tenancies Act 1986, s 62L(1)].
Goods of Higher Value
If the total value of the abandoned goods is equal to or greater than the prescribed amount ($1,000) [Source: Residential Tenancies (Abandoned Goods) Regulations 1993, reg 3; Residential Tenancies Act 1986, s 62K(1)], and the tenant has not reclaimed them after the notice period, the landlord must sell the goods by public auction [Source: Residential Tenancies Act 1986, s 62K(1)].
From the proceeds of the sale, the landlord is entitled to recover their reasonable costs (e.g., for storage, advertising, and auction fees) [Source: Residential Tenancies Act 1986, s 62L(1)]. Any remaining surplus money must be paid to the Tenancy Tribunal [Source: Residential Tenancies Act 1986, s 62L(2)]. The tenant then has 12 months to claim this surplus from the Tribunal [Source: Residential Tenancies Act 1986, s 62L(3)]. If not claimed, the money is forfeited to the Crown [Source: Residential Tenancies Act 1986, s 62L(4)].
Disputes
Any disputes regarding abandoned goods, including whether goods are abandoned, the reasonableness of a landlord's costs, or the landlord's actions, can be referred to the Tenancy Tribunal for resolution [Source: Residential Tenancies Act 1986, s 62O]. The Tenancy Tribunal is a judicial body that resolves disputes between landlords and tenants.
When to Seek Independent Legal Advice
Navigating the legal requirements for abandoned goods can be complex, especially in unique situations or when disputes arise. Landlords or tenants who are unsure of their specific rights or obligations should consider contacting Tenancy Services for general guidance or seeking independent legal advice. For free legal assistance, individuals can contact Community Law Centres throughout New Zealand [https://communitylaw.org.nz/].
Key Resources
- Residential Tenancies Act 1986: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
- Tenancy Services (Ministry of Business, Innovation & Employment): https://www.tenancy.govt.nz
- Tenancy Tribunal: https://www.tenancy.govt.nz/disputes/apply-for-a-tenancy-tribunal-hearing/