Renting a property involves more than just a signed agreement; it’s a commitment with legal and ethical dimensions. When tenants vacate premises, they may unintentionally leave behind belongings, leading to questions for both parties involved.
What are the legal obligations? How should personal documents be handled? And when can a landlord dispose of a tenant’s belongings without legal issues?
In this guide, we navigate through the legal intricacies and practical considerations surrounding goods left behind by tenants. Understanding the rights, responsibilities, and proper procedures is crucial for landlords and tenants alike. Take a look.
What Does the Law Say About Abandoned Goods?
If you manage rental properties, you should know that abandoned goods are a subject governed by specific legislation, with each state in Australia having its own set of rules to address this issue.
As outlined in policies on abandoned goods, landlords or property managers must adhere to a structured procedure, ensuring fairness and compliance with legal obligations.
Handling goods and documents left behind is permissible only once the tenancy agreement ends. Additionally, the lessor must have reasonable grounds to believe the tenant abandoned the items.
When to Dispose of Personal Documents?
When it comes to personal documents left behind by tenants, a careful approach is essential to comply with legal obligations and ensure the rightful return of sensitive items.
What Are Personal Documents?
Personal documents encompass a wide range, from identity documents like licences and passports to sentimental items like photographs and letters.
It’s crucial to distinguish between personal memorabilia and ordinary belongings, as the former often holds significant sentimental value.
Storing and Disposing of Personal Documents
Here are the guidelines in cases of left behind personal documents:
Tenant Notification
Once the tenancy agreement concludes and personal documents are discovered, the lessor or agent must contact the tenant. It involves notifying them, through email or other communication means, about the items found.
The emphasis is on ensuring open communication and allowing tenants to reclaim their documents.
Notice Period
After the notification, the landlord must keep the documents for retrieval. However, the timeframe for storing personal documents varies between states.
In Victoria and Western Australia, landlords must ensure the safekeeping of such items for a minimum of 90 days, allowing tenants ample time to reclaim their essential documents.
Queensland, however, imposes a shorter window of seven days for storage.
Failed Collection
In cases where the tenant fails to collect the goods within the notice period, the law mandates the transfer of personal documents to the Office of the Public Trustee.
However, some exceptions may apply, especially for documents protected by another law.
Examples of these documents are passports, licenses, and other official documents. These must be promptly handed over to the tenant or, in some cases, relevant authorities, such as the police station, to ensure the continued protection of the individual’s identity.
When to Dispose of Abandoned Tenant Goods?
Disposing of tenant items involves careful consideration. For this reason, it’s best to get professional and legal advice on their value, health, and safety implications. Also worth reading is whether a tenant can install an air conditioner.
Here are some guidelines to follow when handling any non-document items left behind by tenants:
Notifying the Previous Tenants
Notifying the former tenant about abandoned belongings is always the first step. You can do this verbally, in person, or through a written notice placed in a prominent position on the premises.
The notice should contain essential details like your name or business name, a description of the goods, collection address, relevant charges, and a clear statement that the items will be disposed of or sold if not retrieved after a specified date.
Assessing the Item Value
Determining the value of abandoned goods is vital in the disposal process. For instance, if the goods left are of little or no value, a landlord may opt for a swift and uncomplicated disposal method.
Examples of goods with value include furniture, clothing, or electrical items. Conversely, materials with little or no worth are food waste, unhygienic items, dying pot plants, and broken home articles.
To determine an item’s value, you can utilise various external sources such as online price listings, quotes from second-hand dealers, and professional storage quotes.
Disposing Items Based on Value
How a landlord disposes of goods depends on their value and nature. Distinct provisions exist for different categories of items:
- Perishable Items: Items falling into the waste and perishable category don’t require notice. As such, landlords can dispose of them promptly using appropriate methods.
- Goods Less than $1,000: For items valued at less than $1,000, landlords must issue a verbal or written notice within 14 days. After this notice period, the items can be disposed of appropriately.
- Goods $1,000 – $20,000: Items falling within the valuation range of $1,000 to $20,000 necessitate a written notice within 28 days. Following this notice period, landlords can opt to sell the goods.
- Goods Over $20,000: In cases where the goods exceed $20,000 in value, it’s best to seek legal advice from the Tribunal. This step ensures you’re following a legal and transparent process.
When Can You Sell Abandoned Items?
Yes, a landlord can sell abandoned goods. But as the law dictates, only after the stipulated storage period has concluded.
Typically, the disposal is carried out through a public auction or private sale unless the Tribunal directs otherwise, allowing the lessor/agent to seek an order for proper goods disposal.
Moreover, a notice about the public auction is mandatory, described in a local newspaper at least seven days before the event, detailing the goods and auction specifics.
After the sale, the former renter has a six-month window to claim the sale proceeds, deducting the occupation fee and selling costs.
The former renter can request the person holding the goods to pay them any money exceeding the incurred costs. Alternatively, they can search for unclaimed money on Revenue Sites.
Failure to claim within this period prompts the rental provider to remit the proceeds of the sale, minus applicable fees and costs, into the Residential Tenancies Fund within 30 days.
When Can Landlords Charge Storage Costs?
Landlords have the right to charge an occupation fee for abandoned items, particularly if the presence of these goods impedes the potential tenants. In such cases, the former renter may pay a daily occupation fee, which should not exceed the daily rent.
For instance, if the landlord kept the items safe for 14 days, the occupation fee might equal 14 days’ rent. This fee covers reasonable costs incurred for moving, storing, maintaining, insuring, and disposing of the goods.
When Can a Tenant Demand For Compensation?
Tenants have the right to demand compensation under various circumstances related to the mishandling of their belongings.
For instance, if the rental provider, owner, or agent refuses to return possessions, tenants can apply to VCAT for an order mandating return or compensation. Similarly, it’s important to know if a landlord can be held responsible for bad tenants.
Similarly, if items are damaged, lost, or improperly disposed of, tenants can seek compensation through VCAT.
Conversely, rental providers may also apply for compensation if they incur expenses for removing, storing, or selling goods or if storage costs exceed the allowable occupation fee.
Frequently Asked Questions
Here are some commonly asked questions about abandoned tenant belongings in Australia that might help you:
What is the abandoned property law in Australia?
The abandoned property law in Australia, as outlined in the Residential Tenancies Act 1997, considers a property abandoned when the tenant permanently vacates and ceases to be their primary residence.
The law aims to identify such properties promptly, reclaim outstanding rent or debts, and prepare them for re-tenanting. If abandonment is suspected but unconfirmed, eviction actions align with the Residential Tenancies Act provisions.
How long can someone leave their belongings in Australia?
The duration someone can leave their belongings on your property is contingent upon the value of the uncollected goods.
Landlords can promptly dispose of perishable items without notice. But for items valued at less than $1,000, landlords must issue a verbal or written notice within 14 days.
Goods within the valuation range of $1,000 to $20,000 require a written notice within 28 days. Following these notice periods, landlords can appropriately dispose of or sell the goods as needed.
Can renters leave things they don’t want at an apartment?
No. Renters can’t leave unwanted items in an apartment unless explicitly stated in your contract or agreed upon in writing.
Rental rules vary by state, but cleanliness standards typically require returning the apartment in its original condition, accounting for everyday wear and tear.
Moreover, specific regulations, like those in NSW, might mandate professional cleaning for particular cases, such as when a renter owns a pet.
Final Thoughts
Dealing with items left behind requires landlords to follow legal procedures and ethical guidelines. You must follow reasonable steps, from handling personal documents to disposing of goods.
Proper communication, timely notices, and understanding of item values are crucial. All parties involved should adhere to the state’s regulations to ensure a fair process.
Now that you know when and how to dispose of items abandoned by tenants without hitches, it’s time to declutter!