NSW What to Do with Abandoned Property Left at Unit?

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
26 October 2016
1
0
1
Greetings,

We have a commercial tenant leasing an industrial unit for storage and has significant arrears. After notification, most of his goods were removed but eventually locked out of premises. I urgently need to empty the unit.

What can I do with the goods and abandoned property left behind (car house, fridge, microwave, office furniture)?
 
S

Sophea

Guest
You can dispose of any rubbish or perishable items left behind by the tenant immediately. You do not have to notify them or get their consent. However, you must be reasonably sure that what you are disposing of is in fact rubbish.

Goods of value such as furniture, electrical items and clothing, need to be stored in a safe place for at least 14 days from the day you notify the tenant to come and collect them.

If the former tenant fails to reclaim the goods within the 14 days you can choose to:
  • donate the goods to charity
  • dispose of the goods in a lawful
  • keep the goods in the property if they are useful fixtures and fittings OR
  • sell the goods for fair value and give the proceeds to the tenant
Unclaimed personal documents can be disposed of after the 90 days in an appropriate manner, such as by returning to the issuing authority (wherever possible) or by shredding.

Check out this info:
Property Law 101 - Uncollected and Former Tenants’ Goods (NSW) - Legal Blog - LawAnswers.com.au
Goods_left_behind_by_your_tenant