Mail as Abandoned Goods
In New Zealand, when tenants (a person who rents residential premises from a landlord) vacate a property and leave mail or other belongings behind, these items are legally classified as 'abandoned goods' [Source: Residential Tenancies Act 1986, s 62]. This means the provisions of the Residential Tenancies Act 1986 (RTA 1986) concerning abandoned goods apply to left-behind mail.
Landlord's Obligations for Abandoned Goods
When a landlord (a person who grants a tenancy of residential premises) discovers abandoned goods, they have specific obligations:
- Notification: The landlord must take reasonable steps to notify the former tenant (the person who was renting the residential premises) that goods have been left behind [Source: Residential Tenancies Act 1986, s 62A(1)]. This notification must be in writing and include a description of the goods, where they are stored, and state that they will be disposed of if not claimed [Source: Residential Tenancies Act 1986, s 62A(2)]. The prescribed form for this notice is Form 17 under the Residential Tenancies Regulations 1998 [Source: Residential Tenancies Regulations 1998, reg 13].
- Storage: If the abandoned goods appear to be of any value, the landlord must store them safely for a period of at least 30 days after giving notice to the former tenant [Source: Residential Tenancies Act 1986, s 62B(1)(b)].
Disposal of Unclaimed Mail and Goods
The method of disposal for abandoned goods depends on their apparent value:
- Immediate Disposal (Negligible Value): If the abandoned goods, including mail, appear to have negligible value (meaning they are worth very little) or would cost more to sell than their value, the landlord may dispose of them immediately. This is permissible after taking reasonable steps to notify the former tenant [Source: Residential Tenancies Act 1986, s 62B(1)(a)].
- Disposal After 30 Days (Any Value): If the goods appear to be of any value and are not claimed by the former tenant within the 30-day notice period, the landlord may dispose of them. This can include selling the goods [Source: Residential Tenancies Act 1986, s 62B(1)(c), s 62B(2)].
- Recovery of Costs: A landlord is entitled to recover from the former tenant any reasonable costs incurred for the removal, storage, and disposal of the abandoned goods [Source: Residential Tenancies Act 1986, s 62C(1)]. If the goods are sold, any proceeds can be used to offset these costs, with any remaining surplus paid to the former tenant [Source: Residential Tenancies Act 1986, s 62C(2)].
Former Tenant's Rights
A former tenant has the right to reclaim their abandoned goods at any point during the notice period. To do so, they must pay any reasonable costs the landlord has incurred for the removal and storage of those goods [Source: Residential Tenancies Act 1986, s 62C(1)].
Practical Considerations for Mail
While the Residential Tenancies Act 1986 provides the legal framework for all abandoned goods, including mail, landlords often consider practical approaches for handling mail specifically. If mail is deemed to have negligible value, landlords may proceed with immediate disposal after taking reasonable steps to notify the former tenant [Source: Residential Tenancies Act 1986, s 62B(1)(a)]. Some landlords may also choose to mark mail as "Return to Sender" or forward it if a forwarding address is known, although the Act does not explicitly mandate forwarding [Source: Residential Tenancies Act 1986, s 62B].
When to Seek Independent Legal Advice
Complex situations involving abandoned goods, disputes over value, or disagreements about costs may require professional guidance. The Tenancy Tribunal can assist with resolving tenancy disputes. For free legal assistance and information, individuals can contact a Community Law Centre.