Tenantcheck Insights · Case study
Tenancy Tribunal case 4818161 — Tenancy dispute at 8 Footscray Avenue, Te Aro, Wellington 6011
Decided 28 Mar 2024 · Published 28 Mar 2024 · Application 4818161
At a glance
Key facts from the published tribunal order.
Location
Wellington
Tribunal region
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- Team Group Rentals Limited must take any personal documents belonging to the tenant, that have been left at the premises, 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. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
- Team Group Rentals Limited must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
Reasons
- This hearing was scheduled to be held by video conference. The tenant did not link in to the hearing and both telephone numbers I tried for her went to voicemail. The hearing proceeded in her absence.
- The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
- I accept the evidence that the landlord had agreed on a period for the tenant to collect the goods, but the tenant failed to collect the goods within that time. I also accept that the tenant has failed to respond to communication with the landlord since 4 March 2024.
- For these reasons it is not practicable for the landlord to the return the goods to the tenant. The landlord does not know where the tenant is currently residing.
- The landlord advised that there is so much material in the premises that she is currently unable to assess whether any of the goods have a value above the cost of storing, transporting and selling them. If the landlord discovers that there are goods that have such a value, then the landlord must sell these goods at a reasonable market price.
- The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
- The landlord may dispose of any goods that have no saleable value. C ter Haar 28 March 2024