QLD What to Do with Uncollected Property Under Property Law?

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28 October 2019
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Hi,

Just wondering what steps I need take to get someone to remove their property from my residence. My brother and his partner were evicted from a property approximately 2 years ago. Some of their stuff came to my house and the rest put into a storage container.

Shortly after this, they split up and my brother is now living with me in a rental property.....I am the primary tenant. The container has recently been bought to my premises and he is emptying it and sorting it as it’s being emptied. has contacted his ex-partner (through a messaging app on a mobile phone), asking her to arrange for her stuff to be picked up. She has read the messages but has not made contact regarding pick up. He has in the past attempted to deliver stuff to her premises but has been abused verbally and had the police called on him. My landlord has refused her entry to the property we are renting...unfortunately my landlord has had an unpleasant experience with her also.

My next step is to write a letter of demand for her to contract an independent person to collect her property...is this the correct thing to do under property law? And does this letter require certification by a JP? And what do I do if she doesn’t collect her belongings? Some of which has been left here for 2 years.

Kindest regards
 

Scruff

Well-Known Member
25 July 2018
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NSW
If she doesn't collect the goods, you will need a court order to dispose of them. You don't need a letter of demand, JP or anything like that.

If you want to give her one last chance, you can just send or deliver a letter stating that if the goods are not collected by a certain date, you will seek a court order for disposal. If she still doesn't collect, take a copy of the letter to your local court and they should be able to tell you what the process is.

If you don't want to wait, simply skip the letter, go straight to the court and apply for the disposal order.

If the landlord has banned her from the property, then the onus is on her to arrange for someone else to collect the goods. You should also mention that in the letter to make sure that she is aware of it.
 
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