Residential Tenancies Amendment Act 2010

44 New sections 62 to 62F substituted

• Section 62 is repealed and the following sections are substituted:

  “62 Goods left on premises on termination of tenancy

  • “(1) Where, on the termination of the tenancy, the tenant leaves on the premises foodstuffs or other perishable goods, the landlord may, immediately after taking possession of the premises, dispose of those goods in any way the landlord thinks fit.

    “(2) If the tenant leaves on the premises goods that are neither foodstuffs nor other perishable goods, the landlord must, immediately after taking possession of the premises, make all reasonable efforts to contact the tenant and to agree with the tenant on a period within which the tenant is to collect the goods.

    “(3) If the landlord is unable to contact the tenant or to agree on a period with the tenant, or if the tenant fails to collect the goods within the agreed period, the landlord must ensure that any personal documents belonging to the tenant are stored securely and must deal with the other goods either—

    • “(a) in accordance with section 62A; or

    • “(b) by securing them in safe storage and by applying to the Tribunal in accordance with section 62B.

    “(4) In this section, premises includes facilities.

  “62A Disposal of abandoned goods following assessment of market value

  • “(1) The landlord may deal with the goods to which section 62(3) applies, other than personal documents belonging to the tenant, by making all reasonable efforts to assess the market value of those goods.

    “(2) If the assessment under subsection (1) indicates that any of the goods have a value below the cost of storing, transporting, and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit.

    “(3) If the assessment under subsection (1) indicates that any of the goods have a value above the cost of storing, transporting, and selling them, the landlord must secure those goods in safe storage for not less than 35 days from the date on which the landlord first took possession of those goods.

    “(4) If, before the landlord disposes of the goods under subsection (5), the tenant claims the goods and any personal documents belonging to the tenant or claims either the goods or the documents,—

    • “(a) the landlord may require the tenant to pay the landlord’s actual and reasonable costs arising out of the storage of the goods; and

    • “(b) the landlord must release to the tenant any goods and personal documents claimed by the tenant, subject to payment of any costs required under paragraph (a); and

    • “(c) the tenant must give the landlord a receipt for any goods and personal documents released to the tenant.

    “(5) If, after the period of 35 days specified in subsection (3), the goods or any personal documents belonging to the tenant remain unclaimed, the landlord must—

    • “(a) continue to secure those goods and personal documents in safe storage to await any claims by the tenant under subsection (4); or

    • “(b) do the following:

      • “(i) take any personal documents belonging to the tenant to the nearest Police station and obtain a receipt for them from a Police employee; and

      • “(ii) sell the other goods by public auction or by private contract at a reasonable market price.

    “(6) If the landlord has sold the goods under subsection (5)(b)(ii), the landlord may apply to the Tribunal for an order specifying the amount (if any) owing to the landlord out of the proceeds of sale.

  “62B Disposal of abandoned goods in accordance with Tribunal order

  • “(1) The landlord may apply to the Tribunal for an order for the disposal of the goods to which section 62(3) applies, including any personal documents belonging to the tenant.

    “(2) On an application under subsection (1), the Tribunal must make an order—

    • “(a) for the return of the goods to the tenant; or

    • “(b) if that is not practicable, for the sale or other disposition of the goods.

    “(3) Without limiting section 78(3), the Tribunal may, in making an order for the sale or other disposition of goods under this section, direct that the order is not to take effect unless the tenant has had the opportunity to collect the goods within a period specified in the order or unless another condition is met.

    “(4) If the Tribunal makes an order for the sale of goods under this section, the order must state the amount owing (if any) to the landlord out of the proceeds of sale.

  “62C Application of proceeds of sale and recovery of amount owing

  • “(1) In this section, amount owing means—

    • “(a) where the landlord has sold the goods under section 62A(5)(b)(ii) but there is no order under section 62A(6), the cost of storage, transport, and sale reasonably incurred by the landlord:

    • “(b) where there is an order by the Tribunal under section 62A(6) or 62B(4) specifying the amount owing to the landlord out of the proceeds of sale, that amount.

    “(2) The landlord may deduct any amount owing from the proceeds of any sale under section 62A(5)(b)(ii) or under an order made under section 62B(2)(b).

    “(3) The landlord must pay the proceeds of any sale, less any deduction made under subsection (2), to the chief executive, and the chief executive must pay those proceeds into the Residential Tenancies Trust Account.

    “(4) To the extent that any amount owing to the landlord is not fully reimbursed under subsection (2), the landlord may seek reimbursement, in accordance with section 22, 22A, or 22B, for that amount out of any bond held in the Residential Tenancies Trust Account in respect of the tenancy.

    “(5) To the extent that any amount owing to the landlord is not fully reimbursed under subsections (2) and (4), the landlord may recover those costs from the tenant.

  “62D Tenant may claim proceeds of sale

  • At any time within 1 year after the date of a sale under section 62A(5)(b)(ii) or under an order made under section 62B(2)(b), the tenant may apply to the chief executive for the payment to the tenant of the proceeds of sale in the Residential Tenancies Trust Account, and the chief executive must either make that payment to the tenant or, if there are reasonable grounds to do so, refer the matter to the Tribunal for determination.

  “62E Responsibility of tenant unaffected

  • Sections 62A to 62D do not absolve the tenant from any responsibility imposed on the tenant by the tenancy agreement or by section 40(1)(e) or by any rule of law to remove from the premises on the termination of the tenancy all goods owned by the tenant that the tenant is entitled to possess.

  “62F Protection from liability

  • “(1) The landlord is not liable in respect of goods sold or disposed of under section 62 or 62A, or under an order made under section 62B, unless it is shown that, at the time of the sale or disposition, the landlord had reason to believe that the goods were not owned by the tenant.

    “(2) Any goods sold under section 62A(5)(b)(ii) or under an order made under section 62B(2)(b) are not recoverable from the purchaser unless it is shown that the purchaser acted otherwise than in good faith.”