What do I do tenancy ends but tenant still has stuff in property

[Robthelandlord]

Hi

I was wondering if someone could help me. The tenants gave me notice that the tenancy was ending last sunday. I expected to be given back the keys and to do a final inspection however they still have the keys as of the following Thursday and their possessions are still in the property and they haven't cleaned the place. The tenancy helpline has given me conflicting advice one person said they haven't given me vacant possession of the property and thus are required to pay rent however another person said they have given me vacant possession of the property and that the remainder of the goods are abandoned goods.

Any advice about what to do would be great. The tenants are no longer living there to the best of my knowledge but they have left their washing machine, fridge, dryer and other items in the house and have lower value items in the backyard and garage

Thanks.

[sidinz]

If they have the keys and their possessions are still there, they are still in possession. Keep charging them rent and advise them that you will do so until the keys are returned, their possessions removed and the place cleaned.

Whether or not they are sleeping there is irrelevant.

[Wayne]

If they have the keys and their possessions are still there, they are still in possession. Keep charging them rent and advise them that you will do so until the keys are returned, their possessions removed and the place cleaned.

Whether or not they are sleeping there is irrelevant.

Seems sound logic Sid

[artemis]

The below link re abandoned goods may help. The flowchart at the link is very clear. Be prepared to go to the Tenancy Tribunal for one or more of - abandoned goods / disposal of, rent, cleaning, lock change, immediate eviction ...

https://www.tenancy.govt.nz/ending-a-tenancy/abandoned-premises-and-goods/abandoned-goods/

[Perry]

A perusal of sections 40, 50 and 51 of the RTA may be instructive.

[nano]

Abandoned goods - My understanding is that tenants can come back and demand 'money' that the stuff that you 'had to sell' if it is worth. You can't just throw them all out. Tenants can abandon their stuff and LL cannot even get rid of them all together, but have to keep things for them for certain days and even have to sell to recover money, but tenants can come back and demand the money in 35days or something like that.
I may be wrong.
On the example of the tenancy website, do not throw away even just an old jean because it can be demand as 'brand new' jean!
I wish LL has more rights on the abandoned goods.