Victorian Numbered Acts

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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 270

Sections 391 and 392 substituted

For sections 391 and 392 of the Principal Act substitute

        "     391     When owner of premises may sell or dispose of stored goods

    (1)     An owner of premises may sell or dispose of stored goods if the former renter or other person who has a lawful right to the stored goods has not reclaimed them within 14 days, unless the owner of premises has agreed or been ordered by the Tribunal to store the goods for longer than 14 days.

    (2)     An owner of premises who has agreed or been ordered by the Tribunal to store stored goods for a period of more than 14 days may sell or dispose of the goods in any lawful manner after that period if the former renter or other person who has a lawful right to the stored goods has not reclaimed the goods.

        392     Renter may request proceeds of sale of goods

    (1)     A former renter or other person who has a lawful right to stored goods whose stored goods are sold under this Division may request payment of the proceeds of the sale less the following amounts—

        (a)     the amount of any occupation fee required by the owner of premises;

        (b)     the amount of the reasonable costs of the sale.

    (2)     The former renter or other person who has a lawful right to the stored goods must make a request under subsection (1) within 6 months from the date of the sale.

    (3)     If the former renter or other person who has a lawful right to the stored goods has not made a request under subsection (1) within 6 months from the date of the sale, the owner of premises must pay into the Residential Tenancies Fund the proceeds of the sale less the amounts in subsection (1)(a) and (b) within 30 days after the end of that 6 month period.

Penalty:     30 penalty units.".



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