RESIDENTIAL TENANCIES ACT 1995 - SECT 97B

RESIDENTIAL TENANCIES ACT 1995 - SECT 97B

97B—Action to deal with abandoned property other than personal documents

        (1)         This section applies to abandoned property other than personal documents.

        (2)         The landlord may, at any time after recovering possession of the premises, remove from the premises and destroy or dispose of abandoned property consisting of perishable goods.

        (2a)         The landlord must, within the period of 2 days after recovering possession of the premises, allow the tenant access to the premises to reclaim abandoned property.

        (3)         The landlord may, when at least 2 days have passed after recovering possession of the premises, remove from the premises and destroy or dispose of abandoned property, other than perishable goods, if the value of the property is less than a fair estimate of the cost of removal, storage and sale of the property.

        (4)         If there is abandoned property (other than personal documents) on the premises that may not be dealt with under subsection (2) or (3) ("valuable abandoned property ), the landlord must—

            (a)         as soon as practicable, make reasonable attempts to notify the tenant that such property has been found on the premises; and

            (b)         take reasonable steps to keep the property safe until at least 28 days after possession of the premises is recovered.

        (5)         A person who is entitled to possession of valuable abandoned property may reclaim the property by paying to the landlord the reasonable costs incurred by the landlord in dealing with the property in accordance with this Division and any other reasonable costs incurred by the landlord as a result of the property being left on the premises.

        (6)         If valuable abandoned property is not reclaimed within the period of 28 days referred to in subsection (4)(b), the landlord may, subject to the regulations, sell or otherwise lawfully dispose of the property (as if the landlord were the owner of the property).

        (7)         If valuable abandoned property is sold in accordance with this section, or if any other abandoned property is sold by the landlord, the landlord—

            (a)         may retain out of the proceeds of sale—

                  (i)         the reasonable costs incurred by the landlord in dealing with the property in accordance with this Division and any other reasonable costs incurred by the landlord as a result of the property being left on the premises; and

                  (ii)         any amounts owed to the landlord under the residential tenancy agreement; and

            (b)         must pay the balance (if any) to the owner of the property, or if the identity and address of the owner are not known to, or reasonably ascertainable by, the landlord, to the Commissioner for the credit of the Fund.

        (8)         If a dispute arises between a landlord and tenant about the exercise of powers conferred by this section, the Tribunal may, on application by either party to the dispute, make orders resolving the matters in dispute.