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Case Study: Sally manages a property that has been rented to tenants who have proved to be a problem. She has now given the tenants 90 days written notice under s51 of the Residential Tenancies Act.The tenants have moved out early, owing $450 in rent. The tenants don't appear to be contactable, and Sally has been told that they have gone to Australia. They've left a lot of rubbish and some valuable possessions at the property. They have also left food in the fridge/freezer - the fridge/freezer was provided by the landlord and the tenants unplugged it when they left, without emptying it. They have not returned the keys. In one of the bedrooms there are a number of possessions including a bed in good condition, two leather armchairs, and what looks like a fairly new sound system. Sally says she'll go to the Tenancy Tribunal and then sell the belongings on Trade Me to try to recoup some money for the landlord.
Questions: As part of her supervision plan you discuss the following with Sally to make sure she has done everything correctly, and understands what steps are now required.a) How much notice was given to the tenants, and was this correct under the Residential Tenancies Act 1986?a) How have the tenants breached the Act? Specify the section of the Act that the tenants have breached, and by referring to the relevant subsections explain how the tenants have breached this section of the Act.b) Sally has told you that she wants to immediately clear out the fridge/freezer and dispose of its contents. Referring to the relevant sections of the Act, discuss with Sally whether she has the right to do this.c) Sally shows you the ad she has prepared to sell the tenant belongings left in the bedroom and reminds you that she will go to the Tribunal first. Referring to the relevant section of the Act, discuss the procedures with Sally that she will need to undertake to obtain the right to sell these items.d) Explain how, as her manager, you could support her with her application to the Tribunal.
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