Tenancy A-Z

Do you have questions about rights and responsibilities under the Residential Tenancies Act? Find the answers here.

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A

Abandonment of goods

Abandonment of goods is where a tenant leaves their things behind after the tenancy has terminated and possession of the property has passed back to the landlord. The landlord may dispose of any perishable goods, like food.

If possible, the landlord should arrange with the tenant for them to collect their goods. If the tenant cannot be contacted or does not collect their goods, the landlord must store the goods safely and securely and apply to the Tenancy Tribunal for an order allowing the landlord to dispose of the goods. The landlord may also ask the Tribunal to award costs related to the storage of the tenant’s goods. The proceeds from the sale of the goods may be ordered to be used to offset any debt owed by the tenant to the landlord.

Once goods have been sold, the proceeds must be sent to the Department of Building and Housing along with a photocopy of the order. The Department of Building and Housing will then pay out any funds owing to the landlord from the proceeds as per the order. Any money left over will be held in trust for the tenant to collect.

Abandonment of premises

This is where a tenant leaves a rental property without notice before the tenancy is finished and the rent is in arrears. The landlord can apply to the Tenancy Tribunal to terminate the tenancy and for an order for compensation for unpaid rent. If there is a bond, this can be used to offset rent and can be included in an application for an order of the Tribunal.

Assigning tenancies

An assignment of a tenancy occurs where a tenant wishes to end their interest in a tenancy and either finds a replacement tenant to rent the property or to take over their interest in it. The landlord may, but is not obliged to, find a replacement tenant at the tenant’s request. Once a replacement tenant’s tenancy begins, the original tenant will no longer be responsible for the tenancy from that time. They will still be responsible for any amounts owing to the landlord incurred before that point. Landlords may seek to recover reasonable costs incurred in finding a replacement tenant if the tenant wants to assign a tenancy.

Landlords may refuse to assign tenancies where this is expressly stated on the tenancy agreement. Where it is not, landlords must not unreasonably withhold their consent to assign a tenancy. If a landlord does unreasonably refuse to assign a tenancy, the tenant may apply to the Tenancy Tribunal for them to approve an assignment or to seek termination of the tenancy.