@Cosmo said:
I would say that after fair warning that if the relevant owners doesn’t rectify the problem not only could the OC remove and dispose of them but charge the costs back to the owner. Fair warning, to my mind, would need to include reference to the relevant sections of the Act and set a reasonable time deadline.
The problem is that the strata Act doesn’t specifically refer to abandoned goods – – but the Residential tenancy Act does and I would use that as a guideline (even though it has no legal status beyond tenancy).
You can read a Fair Trading fact sheet HERE but the essential points are:
Rubbish and perishable items
You can dispose of any rubbish or perishable items left behind by the tenant immediately. For example, a broken chair and a pile of old newspapers, perishable food left in a cupboard or dying pot plants in the yard. value.
Notice required
If items other than rubbish have been left behind you have to attempt to notify the former tenant. You need to try to tell them that you have their goods and they will be disposed of after a certain time if they are not collected. If after 2 days you have not been able to contact the former tenant you can leave a notice in a prominent position somewhere on the premises (e.g. stuck to the front door). If the goods are obviously leased you should also contact the rental company.
Storage of goods
Goods of value including 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.
Personal documents
Different rules are in place when dealing with personal documents left behind by a tenant. Personal documents are defined under the Act as being:
- a birth certificate, passport or other identity document
- bank books or other financial statements or documents
- photographs and other personal memorabilia (e.g. medals and trophies)
- licences or other documents conferring authorities, rights or qualifications.
Personal documents left behind by a tenant need to be kept in a safe place for at least 90 days from the day you give notice to the tenant.
Disposal of unclaimed items
If the former tenant fails to reclaim the goods within the 14 days you can choose to:
- donate the goods to charity (e.g. leave clothes in a clothing bin or arrange for furniture etc to be collected), or
- dispose of the goods in a lawful manner (e.g. take them to the tip or organise a council collection if such a service is available in your area), or
- keep the goods in the property if they are useful fixtures and fittings (e.g. curtains), or
- sell the goods for fair value and give the proceeds to the tenant (less the occupation fee and reasonable costs of the sale) or send it to the Office of State Revenue after 6 years as unclaimed money.
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.
If you have followed the law correctly, you are protected if the tenant comes back to you later about the goods. However, if the law was not followed you could be ordered by the Tribunal to pay compensation to the tenant. This could include any damage to the items while they were in your possession.
As I said, this has no legal status but, in the absence of clear guidelines, following these steps show that you have at least tried to do the right thing.