What was Tenancy Tribunal case 5403548 about?

The tribunal order states: An application for suppression by the respondent tenants has been made in this

How much money was awarded in case 5403548?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5403548?

The primary dispute was Cleanliness. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5403548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13357864-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5403548 about?

The tribunal order states: An application for suppression by the respondent tenants has been made in this

How much money was awarded in case 5403548?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5403548?

The primary dispute was Cleanliness. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5403548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13357864-Tribunal_Order_Redacted.pdf.

4 White Pine Avenue, Woodridge, Wellington 6037 Tenancy Tribunal Case 5403548 — Cleanliness

Order

An application for suppression by the respondent tenants has been made in this case, and the Tribunal orders suppression of the Tenants names and identifying details until further order of the Tribunal. Disposal of goods orders
The tenants are to collect their goods and belongings (“goods”) left at the premises and the landlord is to allow the tenants to collect their goods from the premises in accordance with the following conditions: a. The landlord is to ensure that all goods left at the premises (except for the trampoline) are placed in the garage at the premises for collection by the tenants on Wednesday 1 April 2026 between the hours of 9am and 4pm. The tenants will have access to the garage during those hours to collect the goods. The tenants may also access the backyard of the premises during those hours solely for the purpose of dismantling and removing their trampoline; b. The landlord’s representatives (either property managers and/or security guards appointed by the landlord) will unlock the garage to the premises by 9am on Wednesday 1 April 2026 to enable tenants access and they will lock the garage no earlier than 4pm on 1 April 2026. c. By 5pm on Tuesday 31 March 2026, the landlord will send counsel for the tenants a video to show that there are no goods stored elsewhere in the house except the garage; d. By 5pm on Tuesday 31 March 2026, the landlord will send counsel for the tenants confirmation of the property manager and/or security company who will be attending to unlock the premises on 1 April 2026 so that they know who to expect, acknowledging that the personnel supervising this process may change during the day; e. The tenants may be assisted by friends and family members (“helpers”) who must also comply will the terms and conditions of access; f. Both the landlords and the tenants will ensure that they (and their representatives or helpers) will at all times be polite and courteous to each other and refrain from any badmouthing, abusive, or anti-social behaviour. The tenants and their helpers will take all reasonable care in removing the goods to ensure they do not cause any damage to the premises.
Should the tenants fail to collect/remove any or all of their goods within the time period in order 2(a) above, the landlord may apply to the Tribunal for an order under s62B or may deal with the goods in accordance with s62A Residential Tenancies Act 1986. Further directions/timetabling orders
The hearing is adjourned to deal with the remaining claims filed by the parties detailed in the

Reasons

below.

A further 360 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.
Should either party wish to make any additional claims, they must file an amended claim setting out a description of the claim and the remedy sought which must be emailed to the Tribunal at wgtntt@justice.govt.nz and a copy emailed to the other party by 4pm on Wednesday 15 April 2026.
Should either party wish to present further documentary or audio/visual evidence at the next hearing, this is to be emailed to the Tribunal at the above email address and to the other party by 4pm on Thursday 7 May 2026.
The landlord has withdrawn its claim for security costs in the sum of $704.00 (invoiced on 7/12/2025). Reasons:
Both parties attended the hearing with the landlord represented by Ms Thomas and Ms Lawrence. The tenants are represented by Counsel.
The amount of time scheduled for this hearing was not enough to address all of the claims and evidence.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing. Orders for disposal of goods
The landlord has applied for an order from the Tribunal for disposal of goods the tenants left at the premises at the end of the tenancy. The Tribunal may make such an order under s62B Residential Tenancies Act 1986 (RTA).
Some goods have already been collected by arrangement with the tenants but the parties have been unable to agree on collection of the remaining goods at the property. There is also considerable dispute between the parties about the process.
I indicated at the hearing that the critical issue to resolve today is the collection/removal of the tenants’ belongings which have remained at the premises some 4 months since the tenancy ended and the landlords obtained possession to the premises. It is in both parties’ interests to mitigate any further loss to either party that may be occurring because the goods have not been collected/removed from the premises. Other issues regarding the rights and wrongs over what has happened and any monetary awards either party is seeking because of that will be considered at the next hearing.
With the parties cooperation and agreement at today’s hearing, the above orders for collection of the goods have been made.

What if the tenants do not collect their goods?

During the hearing I indicated to both parties that if the goods were not collected by the tenants within the time frame in the above orders, I would make an alternative disposal order. However, after reviewing the applicable RTA provisions and, in particular s62B, I consider that it is not open to me to make an alternative disposal order at this stage and I have not done so.
Section 62(2) RTA provides that if the tenant leaves goods at the premises, the landlord must, immediately after taking possession of the premises, make all reasonable efforts to contact the tenant and to agree with the tenant on a period within which the tenant is to collect the goods. Counsel for the tenants argues that the landlord did not make reasonable efforts to reach agreement with the tenants.
Sections 62(3) RTA provides that if the landlord is unable to contact the tenant or to agree on a period with the tenant, or if the tenant fails to collect the goods within the agreed period, the landlord must ensure that any personal documents belonging to the tenant are stored securely and must deal with the other goods either— (a) in accordance with s62A; or (b) by securing them in safe storage and by applying to the Tribunal in accordance with s62B.
Counsel for the tenants further argues that if the landlord has not complied with s62(2) there is no lawful basis for the landlord to then seek a disposal order from the Tribunal under s62B.
Both parties referred to evidence, not available for the hearing today, which concerned the issue of whether the landlord made reasonable efforts to contact the tenant and to agree on a period within which the goods were to be collected. The tenants referred to communications with another employee of the landlord (Ms Ball) and to communications between Ms Ball and Community Law, who were assisting the tenants at the time. The landlord‘s representatives at the hearing today were aware of Ms Ball’s involvement. However, none of those communications were produced in evidence today, and Ms Ball was not present to give evidence concerning her communications with the tenants. The evidence referred to is relevant when considering whether the landlord complied with their obligations in s62(2) and whether they are entitled to an order under s62B(2)(b) RTA.
Therefore, I cannot determine whether the landlord has discharged their duties under s62(2) without the parties providing the further evidence they referred to today.
Even if there is a basis for considering an application under s62B, s62B(2) states that the Tribunal must make an order— (a) for the return of the goods to the tenant; or (b) if that is not practicable, for the sale or other disposition of the goods.
Counsel in written submissions correctly points out that an order for sale or disposition is only available to the Tribunal where the return of the Tenant’s belongings to them is not practicable. Counsel says that the landlord has not explained why return of the goods is not practicable and, indeed, at today’s hearing the parties have agreed on a process for return of the goods.
It follows, that I consider I cannot make an alternative order for disposal of goods under s62B at this stage and I have declined to do so. However, the tenants are encouraged to make sure they collect all their belongings in accordance with the above orders. Failure to do so may result in further claims from the landlord for continuing to store the goods, if not disposal.
In the event the tenants do not collect or remove all their belongings in accordance with the above orders, the landlord may either deal with the goods under s62A or seek an order from the Tribunal under s62B at the next hearing.
There are some remaining claims to be heard at the next hearing as follows: a. Tenant claims: i. Compensation for loss of use of the goods; ii. General damages for the distress and inconvenience caused; iii. Common law exemplary damages. b. Landlord claims: i. Further disposal orders may be sought; ii. Cleaning costs of $2,380.50; iii. Costs of removing goods to the garage of $819.38.
Should either party wish to bring additional claims, these are to be made in accordance with the above timetabling orders.
The tenants seek suppression of their names and identifying details which is granted until further order of the Tribunal once all claims have been determined.

Order

An application for suppression by the respondent tenants has been made in this case, and the Tribunal orders suppression of the Tenants names and identifying details until further order of the Tribunal. Disposal of goods orders
The tenants are to collect their goods and belongings (“goods”) left at the premises and the landlord is to allow the tenants to collect their goods from the premises in accordance with the following conditions: a. The landlord is to ensure that all goods left at the premises (except for the trampoline) are placed in the garage at the premises for collection by the tenants on Wednesday 1 April 2026 between the hours of 9am and 4pm. The tenants will have access to the garage during those hours to collect the goods. The tenants may also access the backyard of the premises during those hours solely for the purpose of dismantling and removing their trampoline; b. The landlord’s representatives (either property managers and/or security guards appointed by the landlord) will unlock the garage to the premises by 9am on Wednesday 1 April 2026 to enable tenants access and they will lock the garage no earlier than 4pm on 1 April 2026. c. By 5pm on Tuesday 31 March 2026, the landlord will send counsel for the tenants a video to show that there are no goods stored elsewhere in the house except the garage; d. By 5pm on Tuesday 31 March 2026, the landlord will send counsel for the tenants confirmation of the property manager and/or security company who will be attending to unlock the premises on 1 April 2026 so that they know who to expect, acknowledging that the personnel supervising this process may change during the day; e. The tenants may be assisted by friends and family members (“helpers”) who must also comply will the terms and conditions of access; f. Both the landlords and the tenants will ensure that they (and their representatives or helpers) will at all times be polite and courteous to each other and refrain from any badmouthing, abusive, or anti-social behaviour. The tenants and their helpers will take all reasonable care in removing the goods to ensure they do not cause any damage to the premises.
Should the tenants fail to collect/remove any or all of their goods within the time period in order 2(a) above, the landlord may apply to the Tribunal for an order under s62B or may deal with the goods in accordance with s62A Residential Tenancies Act 1986. Further directions/timetabling orders
The hearing is adjourned to deal with the remaining claims filed by the parties detailed in the

Reasons

below.

A further 360 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.
Should either party wish to make any additional claims, they must file an amended claim setting out a description of the claim and the remedy sought which must be emailed to the Tribunal at wgtntt@justice.govt.nz and a copy emailed to the other party by 4pm on Wednesday 15 April 2026.
Should either party wish to present further documentary or audio/visual evidence at the next hearing, this is to be emailed to the Tribunal at the above email address and to the other party by 4pm on Thursday 7 May 2026.
The landlord has withdrawn its claim for security costs in the sum of $704.00 (invoiced on 7/12/2025). Reasons:
Both parties attended the hearing with the landlord represented by Ms Thomas and Ms Lawrence. The tenants are represented by Counsel.
The amount of time scheduled for this hearing was not enough to address all of the claims and evidence.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing. Orders for disposal of goods
The landlord has applied for an order from the Tribunal for disposal of goods the tenants left at the premises at the end of the tenancy. The Tribunal may make such an order under s62B Residential Tenancies Act 1986 (RTA).
Some goods have already been collected by arrangement with the tenants but the parties have been unable to agree on collection of the remaining goods at the property. There is also considerable dispute between the parties about the process.
I indicated at the hearing that the critical issue to resolve today is the collection/removal of the tenants’ belongings which have remained at the premises some 4 months since the tenancy ended and the landlords obtained possession to the premises. It is in both parties’ interests to mitigate any further loss to either party that may be occurring because the goods have not been collected/removed from the premises. Other issues regarding the rights and wrongs over what has happened and any monetary awards either party is seeking because of that will be considered at the next hearing.
With the parties cooperation and agreement at today’s hearing, the above orders for collection of the goods have been made.

What if the tenants do not collect their goods?

During the hearing I indicated to both parties that if the goods were not collected by the tenants within the time frame in the above orders, I would make an alternative disposal order. However, after reviewing the applicable RTA provisions and, in particular s62B, I consider that it is not open to me to make an alternative disposal order at this stage and I have not done so.
Section 62(2) RTA provides that if the tenant leaves goods at the premises, the landlord must, immediately after taking possession of the premises, make all reasonable efforts to contact the tenant and to agree with the tenant on a period within which the tenant is to collect the goods. Counsel for the tenants argues that the landlord did not make reasonable efforts to reach agreement with the tenants.
Sections 62(3) RTA provides that if the landlord is unable to contact the tenant or to agree on a period with the tenant, or if the tenant fails to collect the goods within the agreed period, the landlord must ensure that any personal documents belonging to the tenant are stored securely and must deal with the other goods either— (a) in accordance with s62A; or (b) by securing them in safe storage and by applying to the Tribunal in accordance with s62B.
Counsel for the tenants further argues that if the landlord has not complied with s62(2) there is no lawful basis for the landlord to then seek a disposal order from the Tribunal under s62B.
Both parties referred to evidence, not available for the hearing today, which concerned the issue of whether the landlord made reasonable efforts to contact the tenant and to agree on a period within which the goods were to be collected. The tenants referred to communications with another employee of the landlord (Ms Ball) and to communications between Ms Ball and Community Law, who were assisting the tenants at the time. The landlord‘s representatives at the hearing today were aware of Ms Ball’s involvement. However, none of those communications were produced in evidence today, and Ms Ball was not present to give evidence concerning her communications with the tenants. The evidence referred to is relevant when considering whether the landlord complied with their obligations in s62(2) and whether they are entitled to an order under s62B(2)(b) RTA.
Therefore, I cannot determine whether the landlord has discharged their duties under s62(2) without the parties providing the further evidence they referred to today.
Even if there is a basis for considering an application under s62B, s62B(2) states that the Tribunal must make an order— (a) for the return of the goods to the tenant; or (b) if that is not practicable, for the sale or other disposition of the goods.
Counsel in written submissions correctly points out that an order for sale or disposition is only available to the Tribunal where the return of the Tenant’s belongings to them is not practicable. Counsel says that the landlord has not explained why return of the goods is not practicable and, indeed, at today’s hearing the parties have agreed on a process for return of the goods.
It follows, that I consider I cannot make an alternative order for disposal of goods under s62B at this stage and I have declined to do so. However, the tenants are encouraged to make sure they collect all their belongings in accordance with the above orders. Failure to do so may result in further claims from the landlord for continuing to store the goods, if not disposal.
In the event the tenants do not collect or remove all their belongings in accordance with the above orders, the landlord may either deal with the goods under s62A or seek an order from the Tribunal under s62B at the next hearing.
There are some remaining claims to be heard at the next hearing as follows: a. Tenant claims: i. Compensation for loss of use of the goods; ii. General damages for the distress and inconvenience caused; iii. Common law exemplary damages. b. Landlord claims: i. Further disposal orders may be sought; ii. Cleaning costs of $2,380.50; iii. Costs of removing goods to the garage of $819.38.
Should either party wish to bring additional claims, these are to be made in accordance with the above timetabling orders.
The tenants seek suppression of their names and identifying details which is granted until further order of the Tribunal once all claims have been determined.

Tenancy Tribunal case 5403548 — Cleanliness at 4 White Pine Avenue, Woodridge, Wellington 6037

At a glance

Tenancy Tribunal case 5403548 — Cleanliness at 4 White Pine Avenue, Woodridge, Wellington 6037

At a glance

Claims & awards

Order

Reasons

What if the tenants do not collect their goods?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

What if the tenants do not collect their goods?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions