Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an agreement
is terminated and goods are left on the premises that were subject to the
agreement, the owner may, after the expiration of 2 days from the
termination of the agreement, remove and destroy or dispose of the goods
if —
(a) the
goods are perishable foodstuffs; or
(b) the
estimated value of the goods is less than the total estimated cost of the
removal, storage and sale of the goods.
(2) Where an agreement
is terminated and goods are left on the premises that were subject to the
agreement and have not been removed for destruction or disposal under
subsection (1), the owner shall store them in a safe place and manner for
a period of not less than 60 days.
(3) An owner shall
before the expiration of 7 days after he has stored goods under
subsection (2) —
(a)
where the former tenant has informed him of his forwarding address, send a
notice to the tenant at that address in or to the effect of the form
prescribed for the purpose of this paragraph; and
(b)
cause a notice in or to the effect of the form prescribed for the purposes of
this paragraph to be inserted in a newspaper circulating generally throughout
the State.
(4) At the request of
an owner, the Commissioner may state in writing whether or not in his opinion
there are reasonable grounds for believing that subsection (1) applies in
respect of particular goods.
(5) Where an owner has
been found liable to the owner of goods in respect of the removal, destruction
or disposal of the goods, being goods that were left on premises that were
subject to a former agreement, and it is proved that he removed and destroyed
or disposed of the goods in reliance upon a statement of the Commissioner
under subsection (4), the owner shall be entitled to be paid from
moneys standing to the credit of the Rental Accommodation Account, in
accordance with clause 3(3)(a) of Schedule 1, an amount equal to the
amount in respect of which he has been found liable.
(6)
Where —
(a) an
agreement has been terminated;
(b)
goods have been left on the premises that were subject to the agreement;
(c) at
the request of the owner, the Commissioner has made a statement in writing
that in his opinion there are reasonable grounds for believing that
subsection (1) does not apply to the goods; and
(d) the
total cost of removing, storing and selling the goods does in fact exceed the
value of the goods,
a competent court may
on application by the owner make an order for the payment to him out of moneys
standing to the credit of the Rental Accommodation Account, in accordance with
clause 3(3)(a) of Schedule 1, of an amount equal to the difference
between the value of the goods and the reasonable cost of removal, storage and
sale.
(7) A person who has a
lawful right to goods removed and stored under subsection (2) may at any
time before the goods are sold under subsection (8) reclaim the goods
upon paying to the owner the reasonable costs of the removal and storage of
the goods.
(8) Where goods are
stored under subsection (2) and have not been reclaimed within
60 days after the day on which they were removed and stored, the owner
shall as soon as practicable after the expiration of that period cause them to
be sold by public auction.
(9) If goods are
stored, removed and sold by public auction under this section, the owner is
entitled to retain out of the proceeds of the sale the reasonable costs of
removing, storing and selling the goods.
(10) Where goods have
been sold under this section by an owner, he may, upon application containing
the prescribed information, pay into court an amount that a competent court is
satisfied represents the balance of the proceeds of the sale after deduction
of any amount to which the owner is entitled under subsection (9) and any
amount that he is owed under the former agreement, and, where such payment is
made, the receipt of the court for the moneys paid shall be sufficient
discharge to the owner of his liability in respect of the moneys.
(11) Any moneys paid
into court under subsection (10) shall be credited to the Rental
Accommodation Account as provided by clause 3(2)(c) of Schedule 1.
(12) Where any
application is made to a competent court by any person claiming any amount
credited to the Rental Accommodation Account under this section, the court
may, upon being satisfied that the person is entitled to the amount, order
that the amount be paid to him.
(13) Where goods are
sold by public auction under this section, the purchaser shall, unless he has
actual notice of any interest in the goods of any person other than the former
tenant, acquire a good title to the goods in defeasance of any such interest.
(14) An owner shall
not incur any liability —
(a) in
respect of the removal, destruction or disposal of goods under
subsection (1); or
(b) in
respect of the removal, storage or sale under this section of goods to which
subsection (1) does not apply, except liability for intentional or
negligent damage to the goods or where he has actual notice of any interest in
the goods of any person other than the former tenant and fails to take all
reasonable steps to notify that person of the whereabouts of the goods and
afford that person a reasonable opportunity to reclaim the goods.
(15) Where a dispute
arises between an owner and a former tenant in respect of goods to which this
section applies, a competent court may, upon application by such person, order
the payment of any amount or make such other order as it considers appropriate
in the circumstances.
(16) In this
section —
(a)
owner means the former grantor of a right of occupancy under a residential
tenancy agreement; and
(b)
Rental Accommodation Account means the Rental Accommodation Account referred
to in clause 3 of Schedule 1.
[Section 79 amended by No. 50 of 1988
s. 14 and 18; No. 59 of 1995 s. 56; No. 59 of 2004
s. 120 and 121; No. 77 of 2006 s. 17.]