NSW Ownership of Abandoned Property

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

balletnumal

Member
14 January 2018
1
0
1
Out of the goodness of my heart I allowed a friend of a friend (named J) to move into my house (I rent) for a couple of weeks, just to help out as didnt want to move into his relatives place & had no where else to go.
J & I had no written agreement in place but verbally agreed on $200/week board + $100 food additional. The 2 weeks has turned into 4 months during which time I have only received 4 weeks board plus $50 for food. I have MS & am on a Income Protection claim, the amount I receive monthly just covers my bills for myself & my 17 year old daughter who is studying, J is aware of these facts. Because I couldn't afford to keep going like this I recently gave J 2 weeks notice. After 3 weeks J had made no attempt to find accomodation elsewhere, I told J that he had to leave immediately. After him stomping & banging around my home & being extremely abusive to me, he said he would move out the next day & then return 3 days later to retrieve his unregistered vehicle parked on my driveway blocking access to half of my garage. Over the last 3 days I have tried repeatedly to contact J on his mobile & left numerous messages to which I have received no reply, I know where he works (shift work) but have no idea when & don't know where he may be living. J took all his clothes initially but has left behind bedding, jewellery, computer, ornaments, many vinyl records, paperwork, heaps of tools & the unregistered vehicle. I beleive he has done this as a stalling technique as he really just wants to use my home as a base while he travels? Althought I have MS, I am fit & healthy but the stress this is causing me has really affected my MS I just want it over & done with so that I have my house back for myself & my daughter. We moved 2 hours away from Sydney 5 months ago to minimise stress from our lives. I feel very intimidated by X and scared of what he may do. I know he has a collection of knifes & also that he carries a taser.
What process if any do I have to follow to get rid of this persons belongings? Please assist URGENTLY.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
I'd speak to someone at the RTA - now called Service NSW... about getting rid of the car. I'd consider calling the friend who put you in this mess and ask if they can help get the other stuff out of the house... Failing that a chat to the police about what they recommend.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Do not dispose of the property without taking the proper steps. Taking him on as a boarder means you have also taken on responsibilities to not improperly dispose of the property.

Contact Fair Trading NSW, explain your situation and see what they say. Suspect you will need to send him a letter demanding removal within 14 or 30 days.

You may find different items have to be treated separately. Eg. Personal papers held longer than clothes, car auctioned, electrical equipment sold and money held on trust till he claims the money.

Failing to do things the correct way could see you pay him damages.