How much money was awarded in case 4542369?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4542369?

The dispute type was not classified.

Where can I read the official tribunal order for case 4542369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9147727-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4542369?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4542369?

The dispute type was not classified.

Where can I read the official tribunal order for case 4542369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9147727-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4542369 — Tenancy dispute

Q: What was Tenancy Tribunal case 4542369 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.
[The landlord/s] must keep any personal documents (including computer USB sticks), and the pet ashes and associated documents, in storage for the tenant or take them to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. Attempting to sell the 2-seater couch and drawer set (referred to in the valuation by the secondhand centre) by public auction or by private contract at a reasonable market price, and b. Disposing of all other goods listed on the Inventory List as the landlord sees fit.
[The landlord/s] must pay the proceeds of any sale of goods to the Bond Centre together with a copy of this order.

Reasons

Two representatives for the landlord attended the telephone hearing today.
The tenant did not attend and has not been served with notice of the hearing. The landlord’s information is that the tenant is currently detained in a New Zealand correctional facility. The notice and application documents have been returned to the Tribunal from the postal address for the facility where the tenant was last known to be detained. There is no known email address that can be used to serve the documents.
The tenancy ended on 27 October 2022. The tenant’s belongings have remained at the tenancy premises since then. The landlord has applied for an order allowing the disposal of the belongings.
The landlord spoke to the tenant by phone on 29 March 2023 and said that the landlord could not continue to store the tenant’s belongings. The landlord’s record from that discussion is that the tenant did not want the couch, bed, or computer disposed of but did not have any other solution for storage.
Neither the tenant, nor anyone else on the tenant’s behalf, has contacted the landlord to make arrangements for storage of the belongings.
The landlord has no information as to when the tenant may be released from detention.
The landlord has provided an inventory and photographs of the belongings.
A written valuation from a second-hand centre, states that the writer went to the tenancy premises and assesses a 2-seater couch and a drawer set as having a combined value of $100.00 and that the remaining items in the property have no purchase value.
The landlord has obtained quotes for:- a. Transporting the goods from the premises into storage = $753.25. b. Storage of the goods = $175.00 per month.
Taking all of the above circumstances into account, I make the below decisions:- a. Service of the application and hearing notice is dispensed with. I am satisfied that all reasonable efforts have been made to serve the notice. Service has not been successful however taking any further steps to attempt to notify the tenant of the application would cause further delay and incur additional cost with little prospect of a different outcome; section 91B Residential Tenancies Act 1986 (RTA). b. The tenancy ended more than 8 months ago. The landlord has been unable to agree with the tenant on a period or arrangement for the tenant (or someone on the tenant’s behalf) to collect the goods. c. It is not practicable for the landlord to return the goods to the tenant. d. None of the goods have a value above the cost of storing, transporting and selling them. e. Two items (2-seater couch and drawer set) have some value. The landlord must attempt to sell these goods at a reasonable market price and deposit any proceeds at the Bond Centre. f. Any personal documents (including USB sticks) and the pet ashes must be kept by the landlord or taken to the police station. g. The landlord may dispose of all other goods that have no saleable value. See sections 62(3)(b), 62B(2), 62C(3) Residential Tenancies Act 1986.
I suppress the landlord’s name as it has succeeded with the application; s95A RTA.
I also suppress the tenant’s name in the interests of their privacy as this order discloses that they are detained in a correctional facility. I am satisfied that this outweighs any public interest in their identity; s95A(4) RTA.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.

[The landlord/s] must keep any personal documents (including computer USB sticks), and the pet ashes and associated documents, in storage for the tenant or take them to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. Attempting to sell the 2-seater couch and drawer set (referred to in the valuation by the secondhand centre) by public auction or by private contract at a reasonable market price, and b. Disposing of all other goods listed on the Inventory List as the landlord sees fit.

[The landlord/s] must pay the proceeds of any sale of goods to the Bond Centre together with a copy of this order.

Reasons

Two representatives for the landlord attended the telephone hearing today.

The tenant did not attend and has not been served with notice of the hearing. The landlord’s information is that the tenant is currently detained in a New Zealand correctional facility. The notice and application documents have been returned to the Tribunal from the postal address for the facility where the tenant was last known to be detained. There is no known email address that can be used to serve the documents.

The tenancy ended on 27 October 2022. The tenant’s belongings have remained at the tenancy premises since then. The landlord has applied for an order allowing the disposal of the belongings.

The landlord spoke to the tenant by phone on 29 March 2023 and said that the landlord could not continue to store the tenant’s belongings. The landlord’s record from that discussion is that the tenant did not want the couch, bed, or computer disposed of but did not have any other solution for storage.

Neither the tenant, nor anyone else on the tenant’s behalf, has contacted the landlord to make arrangements for storage of the belongings.

The landlord has no information as to when the tenant may be released from detention.

The landlord has provided an inventory and photographs of the belongings.

A written valuation from a second-hand centre, states that the writer went to the tenancy premises and assesses a 2-seater couch and a drawer set as having a combined value of $100.00 and that the remaining items in the property have no purchase value.

The landlord has obtained quotes for:- a. Transporting the goods from the premises into storage = $753.25. b. Storage of the goods = $175.00 per month.

Taking all of the above circumstances into account, I make the below decisions:- a. Service of the application and hearing notice is dispensed with. I am satisfied that all reasonable efforts have been made to serve the notice. Service has not been successful however taking any further steps to attempt to notify the tenant of the application would cause further delay and incur additional cost with little prospect of a different outcome; section 91B Residential Tenancies Act 1986 (RTA). b. The tenancy ended more than 8 months ago. The landlord has been unable to agree with the tenant on a period or arrangement for the tenant (or someone on the tenant’s behalf) to collect the goods. c. It is not practicable for the landlord to return the goods to the tenant. d. None of the goods have a value above the cost of storing, transporting and selling them. e. Two items (2-seater couch and drawer set) have some value. The landlord must attempt to sell these goods at a reasonable market price and deposit any proceeds at the Bond Centre. f. Any personal documents (including USB sticks) and the pet ashes must be kept by the landlord or taken to the police station. g. The landlord may dispose of all other goods that have no saleable value. See sections 62(3)(b), 62B(2), 62C(3) Residential Tenancies Act 1986.

I suppress the landlord’s name as it has succeeded with the application; s95A RTA.

I also suppress the tenant’s name in the interests of their privacy as this order discloses that they are detained in a correctional facility. I am satisfied that this outweighs any public interest in their identity; s95A(4) RTA.

Tenancy Tribunal case 4542369 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4542369 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions