Published tribunal order
Tenancy Tribunal case 4986308 — Tenancy dispute at 87A Haverstock Road, Sandringham, Auckland 1025
Decided 21 Oct 2024 · Published 21 Oct 2024 · Application 4986308
Party names are redacted in the official published order.
Order
- [The landlord/s] 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.
- The amount owing to the applicant out of the proceeds of any sale is $27.00.
- [The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
Reasons
- The landlord attended the hearing. The tenant did not.
- The landlord has applied to the Tribunal for an order for the disposal of goods that the tenant left at the premises at the end of the tenancy.
- The landlord has attempted to call, text, and email the tenant numerous times to no avail. I am satisfied the landlord has made all reasonable efforts to contact the tenant and is unable to do so.
- It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
- The landlord has stored the goods at the tenancy address for two months. Considering the nature and size of the goods, which include a Toyota Fun Cargo motor-vehicle and large sofa, I consider $800.00 to be a reasonable amount to compensate the landlord for the cost of storing, transporting and selling the goods.
- The landlord may deduct $827.00, which is the 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.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.