VIC What to Do with Abandoned Property Left by Boarder?

[Jaffasoft]

Hi,

I allowed a mate to stay at my property and pay $100 week rent. We did not sign any formal lease agreement. After a number of months I returned home and resided at the same property on a shared arrangement.

The rent had gotten behind considerably. When push came to shove there was still no rent arrears caught up and plenty of excuses and promises of work payments soon, etc. One day he never returned again since August 1st this year 2016.

An unregistered Holden Ute was left behind and a 80ltr engel fridge/freezer. A lot of other personal belongings which I wouldn't value much. The ute would be worth around $3000 and I have had three people offer around this. And the fridge around $1200.

I would be satisfied if I were allowed sell these things to recoup rent owed of a little over $3500.

What is the proper law abiding way to go about selling these abandoned property? The guy has been asked to come collect his belongings few times and knows I am considering selling them on an eBay auction.

I emailed to have a consumer affairs officer inspect the vehicle and belongings and received a letter from them saying because he was a boarder it was out of there Victorian jurisdiction.

So puzzled now, what should I do with these belongings left behind!?

Thanks.

 

[Victoria S]

It sounds as though this started out as a tenant - landlord relationship and perhaps may still be construed as such at the time of your friend leaving. This is relevant because landlords are under specific rules when it comes to disposal of abandoned property. You cannot refuse to return a person’s belongings, even if the person owes rent.

The landlord can dispose of:

• perishable foods
• dangerous goods
• goods of no monetary value.

All other goods must be stored unless removal, notification, storage and auction costs would be more than their combined value. If as in your case the tenant has left goods that are not allowed to be disposed of, you must:

• store the goods for 28 days
• notify the tenant, within seven days of storing the goods, to arrange collection
• let the tenant or resident reclaim the goods after they have paid the costs to cover any reasonable expenses paid by the landlord to remove and store them.

I believe after 28 days you can sell the goods if the tenant has still not collected.

Note that there are specific requirements for selling an uncollected vehicle without a court order, you can read about them here: Disposing of low value uncollected goods and vehicles - Consumer Affairs Victoria

 

[Rod]

Check this out as well. This applies in tenancies:

Goods left behind by tenants - Consumer Affairs Victoria

The last part on this page about an inspection might be worthwhile so you are not likely to be convicted of theft.

Must do things the right way. Incorrect disposal might see you in trouble, even though the mate owes you money, you can't just up and sell his stuff. Sucks, and is effort, but you need to protect yourself.

 

[Jaffasoft]

Thanks guys. I can see the legal way forward now.

Is storage classified as being kept on my property?

 

[Rod]

Is storage classified as being kept on my property?

It is one form of storage. You do need to take reasonable care of the property, you can't just throw everything outside in the weather. Likely can't claim storage costs unless, for instance, it stops you renting a room.

 

[Jaffasoft]

It sounds as though this started out as a tenant - landlord relationship and perhaps may still be construed as such at the time of your friend leaving. This is relevant because landlords are under specific rules when it comes to disposal of abandoned property.

Victoria you are actually right I think and you have made good sense and given me the answers here. I said to consumer affairs that the mate was living with me; they regarded that as a boarding arrangement.

I was not clear to them that it started out as tenant - landlord relations because I was not there from the beginning for around four months. I made a mistake there.

But I think I can sort it out now according to the links you have given me.

 

[Victoria S]

Great! All the best Jaffasoft