Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 363

363 Goods left on premises

(1) This section applies if—

(a) an agreement ends; and

(b) goods that are not personal documents or money are left on the premises.

(2) The person who was the lessor (the
"former lessor" ) may sell the goods, or dispose of them in another way, if the former lessor believes on reasonable grounds that—

(a) the market value of the goods is less than the amount prescribed under a regulation; or

(b) storage of the goods—

(i) would be unhealthy or unsafe; or

(ii) would cause the market value of the goods to be completely or substantially depreciated; or

(c) the cost of removing, storing and selling the goods would be more than the proceeds of the sale of the goods.

(3) If subsection (2) does not apply, the former lessor must store the goods safely for the period prescribed under a regulation (the
"storage period" ).

(4) If, at the end of the storage period, the goods have not been reclaimed, the former lessor may—

(a) sell the goods by auction; or

(b) if, on an application made to a tribunal by the former lessor, the tribunal makes an order authorising the sale or disposal of the goods—sell or dispose of the goods under the order.

(5) For subsection (4) (a) , if procedures for selling goods by auction are prescribed under a regulation, the former lessor must sell the goods under the procedures.

(6) The former lessor or the former lessor’s agent must not sell or dispose of the goods except as provided under subsections (2) , (4) and (5) , unless the former lessor or agent has a reasonable excuse.

Penalty—

Maximum penalty—40 penalty units.

(7) If, before the goods are disposed of, the person entitled to the goods (the
"owner" ) claims possession of them by written notice given to the former lessor or the former lessor’s agent, the former lessor or agent must let the owner reclaim possession of the goods on paying the reasonable removal and storage costs to the former lessor or agent.

Penalty—

Maximum penalty—40 penalty units.

(8) If the former lessor sells the goods, the former lessor—

(a) may keep out of the proceeds of the sale the reasonable costs of removing, storing and selling the goods; and

(b) must pay any balance to the public trustee within 10 days after the sale.

(9) The public trustee must pay the balance into the unclaimed moneys fund (the
"fund" ) kept under the Public Trustee Act 1978 .

(10) If, on application made to a tribunal by the former lessor, the tribunal is satisfied an amount (the
"owed amount" ) is owed to the former lessor by the tenant under the agreement, the tribunal may make an order conferring on the lessor an entitlement to receive an amount in the fund (the
"fund amount" ) that is equal to the smaller of the following amounts—

(a) the owed amount;

(b) the balance paid to the public trustee under subsection (8) .

(11) The former lessor or the former lessor’s agent does not incur any liability for removing, selling or disposing of the goods if the former lessor or agent acts under this section without negligence.

(12) A person who acquires the goods (whether as buyer or in another way) acquires a good title to the goods, and the interest of anyone else in the goods ends, unless the person acquiring the goods did not act honestly.