Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 42C

Sale of goods by landlord

42C. Sale of goods by landlord



(1) Where no claim of ownership has been established to the reasonable
satisfaction of the landlord or his agent or where the landlord has not been
reimbursed pursuant to subsection (2) of section 42B the landlord may, after
the expiration of three months from the date of the recovery of possession of
the premises, sell the goods left behind on the premises (whether or not the
goods were removed and stored by the landlord) provided that the following
provisions are complied with-

   (a)  not less than one month before the sale of the goods the landlord-

   (i)  serves notice (which may be sent by post or delivered) on every person
        whom he knows has an interest in the goods of his intention to sell
        the goods; and

   (ii) inserts in a newspaper published in Melbourne and circulating
        throughout Victoria and in the district in which the premises are
        situated a notice of his intention to sell the goods; and

   (b)  the sale is by public auction.

(2) A notice served or inserted pursuant to the last preceding subsection
shall contain-

   (a)  a sufficient description of the goods to which the notice relates;

   (b)  the name of the tenant (if known) and the address of the premises in
        which the goods had been left; and

   (c)  the proposed date time and place of the sale.