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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 393 Item other than personal document or money

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 393

Item other than personal document or money

393 Item other than personal document or money

(1) This section applies if the lost property is not a personal document or money.
(2) The provider may sell the property, or dispose of it in another way, if the provider reasonably believes—
(a) it is perishable; or
(b) its market value is less than the amount prescribed under a regulation for this subsection; or
(c) storage of the goods would be unhealthy or unsafe.
(3) Otherwise, the provider must—
(a) make reasonable efforts to contact the former resident about the property; and
(b) store the property safely for at least 28 days, unless it is reclaimed within that time.
(4) If, at the end of 28 days, the property has not been reclaimed, the provider must—
(a) continue to store the property for the former resident; or
(b) sell the property after advertising it in a newspaper circulating generally in the area in which the rental premises are situated.
(5) However, if the provider reasonably believes the market value of the property is less than the amount prescribed under a regulation for this subsection, the provider may donate the property to charity instead of selling it under subsection (4) (b) .
(6) If the person entitled to the property claims it before it is disposed of under this section, and pays the reasonable costs incurred by the provider under this section, the provider must give the property to the person.
(7) If the provider sells the property under this section, the proceeds must be applied—
(a) in payment of the reasonable costs incurred by the provider under this section; and
(b) in payment of any outstanding amount owed by the former resident under the rooming accommodation agreement; and
(c) in payment of any balance—
(i) if the person entitled to the property has been located by the time of the sale—to the person; or
(ii) otherwise—to the public trustee.