Abandoned goods

Sometimes, at the end of a tenancy the tenant moves out and leaves some things behind. Often it might all be rubbish but there may be items that are of some value that were left by mistake, have been forgotten or left to be picked up later.

The problem

Looking at someone else’s goods and deciding if it is rubbish or something of value can be hard. It can be tempting to throw it all out especially if there is a new tenant waiting to move in. To protect both the landlord and the tenant there are some simple rules that, if followed, deal with this situation.

What can the landlord do?

If you know where the tenant is or how to get hold of them, ask them to come and get the items. Give them a reasonable time in which to do so and hopefully the problem will be resolved.

Informing the tenant’s family or friends may also get the message to the tenant. If this doesn’t sort it out and you have legal possession of the property you can throw out any food or goods that are perishable.

Other items should be safely stored and an application made to the Tenancy Tribunal for an order to dispose of them.

Why do you need an Order?

Once you have an Order it will protect you against claims made later that you stole the goods.

What can the Tribunal order?

The Tribunal will make orders to get rid of the goods.

It can order that the tenant gets the goods back or that someone else can have them if they can show that they are theirs. It can order that goods of no value be dumped.

With items of value it can order that these be sold by the landlord at the best price available and the money held by the Department of Building and Housing.

The Tribunal can also order that the proceeds from the sale of the goods be used to offset any claims that the landlord may have against the tenant.

What happens to the money?

Any money made from selling abandoned good must be paid to the Department of Building and Housing PO box 50-445, Porirua.

If the Tribunal orders that the landlord should be paid some money by the tenant and the bond does not cover this, the money from the abandoned goods can also be paid out to the landlord to make up the difference.

Any money left can be claimed by the tenant within a year. Remember to send the money in by cheque and to include a copy of the Tribunal Order so that the Department of Building and Housing knows what the money is for and can pay out to you what the Tribunal has ordered.

What about the Bond?

You can still claim the bond and the bond can also be used if there were no proceeds from the sale but costs were incurred in getting rid of the abandoned goods.