Part 9—Goods left behind by renters, residents and site tenants

378 Application of this Part

This Part applies if—

(a) in the case of rented premises, the residential rental agreement has been terminated and goods have been left behind; (b) in the case of a rooming house, a resident has vacated a room and goods have been left behind;

(c) in the case of a caravan park, the caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee has taken possession of a caravan which a resident has vacated and goods have been left behind;

(d) in the case of a Part 4A site, the site agreement has been terminated and goods have been left behind.

379 Definitions

In this Part—

owner of premises means—

(a) in relation to rented premises in respect of which a residential rental agreement has been terminated—

(i) the former residential rental provider; or (ii) if a mortgagee has taken possession of the rented premises, the mortgagee; and

(b) in relation to a rooming house—

(i) the rooming house operator; or (ii) if the rooming house operator is not the owner of the rooming house and has ceased operating the rooming house, the rooming house owner; or (iii) if a mortgagee has taken possession of the rooming house, the mortgagee; and

(c) in relation to a caravan park owner or caravan owner, the caravan park owner, caravan park mortgagee or caravan mortgagee; and (d) in relation to a Part 4A site—

(i) the site owner; or (ii) if a mortgagee has taken possession of the Part 4A park, the mortgagee;

renter includes a resident or site tenant;

stored goods means—

(a) in relation to rented premises in respect of which a residential rental agreement has been terminated, goods left behind on rented premises which are stored in accordance with section 386; (b) in relation to a rooming house, goods left behind in a rooming house which are stored in accordance with section 386; (c) in relation to a caravan or caravan park, goods left behind in a caravan which are stored in accordance with section 386; (d) in relation to a Part 4A site, goods left behind on the Part 4A site which are stored in accordance with section 386.

Division 2—Personal documents left behind

380 What happens if personal documents are left behind?

If a renter leaves behind personal documents, the owner of premises—

(a) must take reasonable care of the personal documents for a period of 90 days; and (b) may remove but must not destroy or dispose of the personal documents, except in accordance with this Part; and

(c) must take reasonable steps to notify the former renter as to when and from where the documents may be collected.

* * * * *

381 Disposal of personal documents after 90 days

(1) If personal documents have not been reclaimed by a person who has a lawful right to the documents by the end of the 90 day period referred to in section 380(a), then at the end of that period, the owner of premises may dispose of the personal documents. (2) Nothing in this section affects the operation of any other Act or law affecting the destruction or disposition of the documents.

NoteIt may be an offence under certain legislation of the State and Commonwealth to destroy certain documents.

(3) An owner of premises may recover the costs of removal, taking reasonable care and notification in relation to personal documents from the Residential Tenancies Fund.

382 Reclaiming personal documents before disposal

(1) A person who has a lawful right to the personal documents may reclaim the personal documents left behind at any time before they are disposed of in accordance with section 381 if he or she pays the owner of premises the reasonable costs in relation to the notification of the former renter and the removal and taking reasonable care of those documents.

(2) If a person who has a lawful right to personal documents reclaims the documents and pays the costs set out in subsection (1), the owner of premises must not refuse to give the documents to that person.

Penalty: 150 penalty units in the case of a natural person;

750 penalty units in the case of a body corporate.

383 Application of Division

This Division does not apply to personal documents.

384 Disposal of certain goods left behind

(1) If goods have been left behind, the owner of premises may remove and destroy or dispose of the goods if—

(a) they are of no monetary value; or (b) they are perishable foodstuffs; or (c) they are dangerous.

(2) Despite subsection (1)(a), the owner of premises must not remove and destroy or dispose of goods that have been left behind if those goods are prescribed goods.

* * * * *

(4) Nothing in this section affects the operation of any other Act or law affecting the removal, destruction or disposal of goods.

NoteOther legislation of the State and Commonwealth may deal with the disposal of goods for example, the Dangerous Goods Act 1985.

* * * * *

386 What must an owner of premises do about goods left behind?

(1) If a former renter leaves behind goods (other than goods which may be removed and destroyed or disposed of under section 384), the owner of premises must—

(a) take reasonable steps to give a notice, in the form approved by the Director, to the former renter that the goods have been left behind; and (b) store the goods for a period of at least 14 days, beginning on the day on which the owner of premises gave the notice to the former renter.

(2) A notice under subsection (1)(a) must include a statement informing the former renter of the former renter's rights and obligations in relation to the goods left behind. (3) The owner of premises may remove the goods from the premises and store them at a safe place.

387 Renters and other entitled persons may reclaim goods left behind

(1) A former renter or other person who has a lawful right to goods left behind may reclaim the goods at any time before the destruction or disposal of the goods. (2) If the owner of premises requires an occupation fee in relation to stored goods, the former renter or other person who has a lawful right to the stored goods must pay the occupation fee before reclaiming the stored goods.

388 Occupation fee for goods left behind

(1) An owner of premises may require a former renter or other person who has a lawful right to stored goods to pay a fee in respect of the stored goods if the quantity of the goods is sufficient to prevent the owner of premises from renting the premises, room, caravan or site. (2) The occupation fee must not exceed—

(a) an amount that is equal to the rent that would have been payable under the former residential rental agreement, agreement for the room, caravan or site or site agreement for each day the goods are stored; and (b) in any event, in total, the amount of rent for 14 days.

NoteAn owner of premises may apply to the Tribunal for an order that a higher amount be paid by the former renter.

(3) Despite subsection (2), if the Tribunal orders an owner of premises to store goods for more than 14 days, the former renter or other person who has a lawful right to the goods is liable to pay a fee that is equal to—

(a) for a former renter of rented premises, the rent that would have been payable under the former residential rental agreement for each day the goods are stored; or (b) for a former renter of a room, caravan or site, the rent that would have been payable for the room, caravan or site for each day the goods are stored; or (c) for a former renter of a Part 4A site, the rent that would have been payable under the former site agreement for each day the goods are stored; or (d) for another person who has a lawful right to the goods, the rent that would have been payable under the relevant former residential rental agreement, or for the relevant room, caravan or site (as the case requires) for each day the goods are stored.

* * * * *

390 What if a caravan owned by a resident is abandoned on site?

If a caravan owned by a resident has been abandoned and an abandonment order has been made under section 206AP, the caravan park owner, caravan owner, caravan park mortgagee or caravan mortgagee may deal with the caravan in accordance with this Part, as if the caravan were stored goods.

390A What if a Part 4A dwelling owned by a site tenant is abandoned on site?

If a Part 4A dwelling owned by a site tenant has been abandoned and an abandonment order has been made under section 207V or a possession order has been made under section 324A, the site owner may deal with the Part 4A dwelling in accordance with this Part, as if the Part 4A dwelling were stored goods.

(1) An owner of premises may sell or dispose of stored goods if the former renter or other person who has a lawful right to the stored goods has not reclaimed them within 14 days, unless the owner of premises has agreed or been ordered by the Tribunal to store the goods for longer than 14 days. (2) An owner of premises who has agreed or been ordered by the Tribunal to store stored goods for a period of more than 14 days may sell or dispose of the goods in any lawful manner after that period if the former renter or other person who has a lawful right to the stored goods has not reclaimed the goods.

392 Renter may request proceeds of sale of goods

(1) A former renter or other person who has a lawful right to stored goods whose stored goods are sold under this Division may request payment of the proceeds of the sale less the following amounts—

(a) the amount of any occupation fee required by the owner of premises; (b) the amount of the reasonable costs of the sale.

(2) The former renter or other person who has a lawful right to the stored goods must make a request under subsection (1) within 6 months from the date of the sale. (3) If the former renter or other person who has a lawful right to the stored goods has not made a request under subsection (1) within 6 months from the date of the sale, the owner of premises must pay into the Residential Tenancies Fund the proceeds of the sale less the amounts in subsection (1)(a) and (b) within 30 days after the end of that 6 month period.

Penalty: 30 penalty units.

* * * * *

394 Purchaser takes good title

A purchaser of stored goods sold in accordance with this Part has good title unless he or she has notice of—

(a) a defect in title or want of title in the former renter; or (b) a failure of the owner of premises to comply with this Part in relation to the sale of the goods.

Division 4—Orders of Tribunal

395 What if an owner of premises refuses to store goods for more than 14 days?

If a former renter or other person who has a lawful right to goods left behind requests the owner of premises to store the goods for more than 14 days and the owner of premises refuses, the former renter or other person may apply to the Tribunal for an order requiring the owner to store the goods for a period of more than 14 days.

395A What if the occupation fee is not sufficient to cover the costs of storage?

If an owner of premises believes that the total amount of the occupation fee that may be charged under section 388 will not be sufficient to cover the actual costs of storing goods, the owner of premises may apply to the Tribunal for an order that the former renter or other person who has a lawful right to the goods pay a higher occupation fee to reclaim the goods.

396 What if goods or documents are disposed of in contravention of this Part?

If an owner of premises destroys, disposes of or sells a former renter's goods or personal documents otherwise than in accordance with this Part, the former renter or other person who has a lawful right to the goods or documents may apply to the Tribunal for an order that the owner of premises pay compensation for the loss of the goods or documents.

397 What if goods or documents are wrongfully retained?

If an owner of premises wrongfully retains and refuses to give up goods or personal documents left behind, the former renter or other person who has a lawful right to the goods or documents may apply to the Tribunal for the following—

(a) an order for the return of the goods or personal documents; (b) an order that the owner of premises pay compensation for the loss of those goods or documents.

398 What if goods or documents are damaged or lost?

If the owner of premises wilfully or recklessly damages or loses stored goods or personal documents, a former renter or other person who has a lawful right to those goods or documents may apply to the Tribunal for an order that that the owner of premises pay compensation for the loss or damage of those goods or documents.

* * * * *

400 What if personal documents are disposed of in accordance with section 381?

(1) If the owner of premises has disposed of personal documents in accordance with section 381, the owner of premises may apply to the Tribunal for compensation for the costs of removal, taking reasonable care of the documents and notification in relation to those documents.

(2) An application under this section must be made within 6 months after the date of termination of the residential rental agreement, residency right or site agreement.

401 What orders can the Tribunal make?

On an application under this Division, the Tribunal may—

(a) in the case of an application under section 395, order that an owner of premises must store goods for a period of more than 14 days; or

(b) in the case of an application under section 395A, order that a former renter or other person who has a lawful right to the goods pay a fee greater than the fee that may be charged under section 388; or

(c) in the case of an application under section 396, order that an owner of premises pay compensation for the loss of the goods or documents; or

(ca) in the case of an application under section 397—

(i) order that the owner of premises return the goods or personal documents; or (ii) order that the owner of premises pay compensation for the loss of the goods or documents; or (iii) order that the owner of premises both pay compensation and return the goods or personal documents; or

(cb) in the case of an application under section 398, order that the owner of premises pay compensation for the loss or damage of the goods or documents; or (d) dismiss the application.

* * * * *