Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 42D

Landlord may deduct certain costs from proceeds of sale

42D. Landlord may deduct certain costs from proceeds of sale





(1) The landlord may deduct from the proceeds of the sale-

   (a)  the cost of removal storage and preservation of the goods; and

   (b)  the costs in connexion with the sale and any sum paid by him for the
        insurance of the goods prior to the sale-

and any moneys remaining which have not been paid by the landlord to the
tenant or to the owner of the goods (as the case may be) within three months
after the sale shall within fourteen days after the expiration of that period
be paid by the landlord together with any interest thereon to the Registrar of
Unclaimed Moneys to be placed to the credit of the Consolidated Fund.

(2) A landlord who fails to pay any moneys to the receiver of revenue as
required by this section shall be liable to a penalty of not more than $4 for
each day that the default continues.

(3) If any claimant makes a demand against the Treasurer for any moneys so
placed to the credit of the Consolidated Fund the Treasurer upon being
satisfied that the claimant is the owner of the money shall direct payment of
a like amount to be made to him out of moneys made available by Parliament for
the purpose.

(4) Where any unclaimed moneys paid to a claimant are afterwards claimed by
any other person the Treasurer shall not be responsible for the payment
thereof, but that person may have recourse against the claimant to whom the
Treasurer has paid the unclaimed moneys.