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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 393
Item other than personal document or money
393 Item other than personal document or money
(1) This section applies if the lost property is not a personal document or
money.
(2) The provider may sell the property, or dispose of it in another
way, if the provider reasonably believes— (a) it is perishable; or
(b) its
market value is less than the amount prescribed under a regulation for this
subsection; or
(c) storage of the goods would be unhealthy or unsafe.
(3)
Otherwise, the provider must— (a) make reasonable efforts to contact the
former resident about the property; and
(b) store the property safely for at
least 28 days, unless it is reclaimed within that time.
(4) If, at the end of
28 days, the property has not been reclaimed, the provider must— (a)
continue to store the property for the former resident; or
(b) sell the
property after advertising it in a newspaper circulating generally in the area
in which the rental premises are situated.
(5) However, if the provider
reasonably believes the market value of the property is less than the amount
prescribed under a regulation for this subsection, the provider may donate the
property to charity instead of selling it under subsection (4) (b) .
(6) If
the person entitled to the property claims it before it is disposed of under
this section, and pays the reasonable costs incurred by the provider under
this section, the provider must give the property to the person.
(7) If the
provider sells the property under this section, the proceeds must be
applied— (a) in payment of the reasonable costs incurred by the provider
under this section; and
(b) in payment of any outstanding amount owed by the
former resident under the rooming accommodation agreement; and
(c) in payment
of any balance— (i) if the person entitled to the property has been located
by the time of the sale—to the person; or
(ii) otherwise—to the public
trustee.
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