Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 268

For sections 386, 387 and 388 of the Principal Act  substitute —

        "     386     What must an owner of premises do about goods left behind?

    (1)     If a former renter leaves behind goods (other than goods which may be removed and destroyed or disposed of under section 384), the owner of premises must—

        (a)     take reasonable steps to give a notice, in the form approved by the Director, to the former renter that the goods have been left behind; and

        (b)     store the goods for a period of at least 14 days, beginning on the day on which the owner of premises gave the notice to the former renter.

    (2)     A notice under subsection (1)(a) must include a statement informing the former renter of the former renter's rights and obligations in relation to the goods left behind.

    (3)     The owner of premises may remove the goods from the premises and store them at a safe place.

        387     Renters and other entitled persons may reclaim goods left behind

    (1)     A former renter or other person who has a lawful right to goods left behind may reclaim the goods at any time before the destruction or disposal of the goods.

    (2)     If the owner of premises requires an occupation fee in relation to stored goods, the former renter or other person who has a lawful right to the stored goods must pay the occupation fee before reclaiming the stored goods.

        388     Occupation fee for goods left behind

    (1)     An owner of premises may require a former renter or other person who has a lawful right to stored goods to pay a fee in respect of the stored goods if the quantity of the goods is sufficient to prevent the owner of premises from renting the premises, room, caravan or site.

    (2)     The occupation fee must not exceed—

        (a)     an amount that is equal to the rent that would have been payable under the former residential rental agreement, agreement for the room, caravan or site or site agreement for each day the goods are stored; and

        (b)     in any event, in total, the amount of rent for 14 days.

Note

An owner of premises may apply to the Tribunal for an order that a higher amount be paid by the former renter.

    (3)     Despite subsection (2), if the Tribunal orders an owner of premises to store goods for more than 14 days, the former renter or other person who has a lawful right to the goods is liable to pay a fee that is equal to—

        (a)     for a former renter of rented premises, the rent that would have been payable under the former residential rental agreement for each day the goods are stored; or

        (b)     for a former renter of a room, caravan or site, the rent that would have been payable for the room, caravan or site for each day the goods are stored; or

        (c)     for a former renter of a Part 4A site, the rent that would have been payable under the former site agreement for each day the goods are stored; or

        (d)     for another person who has a lawful right to the goods, the rent that would have been payable under the relevant former residential rental agreement, or for the relevant room, caravan or site (as the case requires) for each day the goods are stored.".