Queensland Consolidated Acts
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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 363
Goods left on premises
363 Goods left on premises
(1) This section applies if—
(a) an agreement ends; and
(b) goods that are
not personal documents or money are left on the premises.
(2) The person who
was the lessor (the
"former lessor" ) may sell the goods, or dispose of them in another way, if
the former lessor believes on reasonable grounds that—
(a) the market value
of the goods is less than the amount prescribed under a regulation; or
storage of the goods—
(i) would be unhealthy or unsafe; or
(ii) would cause
the market value of the goods to be completely or substantially depreciated;
(c) the cost of removing, storing and selling the goods would be more than
the proceeds of the sale of the goods.
(3) If subsection (2) does not apply,
the former lessor must store the goods safely for the period prescribed under
a regulation (the
"storage period" ).
(4) If, at the end of the storage period, the goods have
not been reclaimed, the former lessor may—
(a) sell the goods by auction; or
(b) if, on an application made to a tribunal by the former lessor, the
tribunal makes an order authorising the sale or disposal of the goods—sell
or dispose of the goods under the order.
(5) For subsection (4) (a) , if
procedures for selling goods by auction are prescribed under a regulation, the
former lessor must sell the goods under the procedures.
(6) The former lessor
or the former lessor’s agent must not sell or dispose of the goods except as
provided under subsections (2) , (4) and (5) , unless the former lessor or
agent has a reasonable excuse.
Maximum penalty—40 penalty
(7) If, before the goods are disposed of, the person entitled to the
"owner" ) claims possession of them by written notice given to the
former lessor or the former lessor’s agent, the former lessor or agent must
let the owner reclaim possession of the goods on paying the reasonable removal
and storage costs to the former lessor or agent.
penalty—40 penalty units.
(8) If the former lessor sells the goods, the
(a) may keep out of the proceeds of the sale the reasonable
costs of removing, storing and selling the goods; and
(b) must pay any
balance to the public trustee within 10 days after the sale.
(9) The public
trustee must pay the balance into the unclaimed moneys fund (the
"fund" ) kept under the Public Trustee Act 1978 .
(10) If, on application
made to a tribunal by the former lessor, the tribunal is satisfied an amount
"owed amount" ) is owed to the former lessor by the tenant under the
agreement, the tribunal may make an order conferring on the lessor an
entitlement to receive an amount in the fund (the
"fund amount" ) that is equal to the smaller of the following amounts—
the owed amount;
(b) the balance paid to the public trustee under
subsection (8) .
(11) The former lessor or the former lessor’s agent does
not incur any liability for removing, selling or disposing of the goods if the
former lessor or agent acts under this section without negligence.
person who acquires the goods (whether as buyer or in another way) acquires a
good title to the goods, and the interest of anyone else in the goods ends,
unless the person acquiring the goods did not act honestly.
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