Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
goods does not include a tenant’s document
as defined in section 80A.
(1) Where a
residential tenancy agreement is terminated and goods are left on the premises
that were subject to the agreement, the lessor may, after the expiration of 2
days from the termination of the agreement, remove and destroy or dispose of
the goods if —
(a) the
goods are perishable foodstuffs; or
(b) the
estimated value of the goods is less than the total estimated cost of the
removal, storage and sale of the goods.
(2) Where a
residential tenancy agreement is terminated and goods are left on the premises
that were subject to the agreement and have not been removed for destruction
or disposal under subsection (1), the lessor shall store them in a safe place
and manner for a period of not less than 60 days after the day on which the
agreement is terminated.
Penalty for this subsection: a fine of $5 000.
(3) A lessor who
stores goods under subsection (2) must cause notice in or to the effect of the
form approved by the Commissioner for the purposes of this subsection —
(a) to
be given to the tenant within 7 days after the day on which the goods were
stored; or
(b) to
be —
(i)
made publicly available in any manner prescribed for the
purposes of this paragraph, including (without limitation) by means of a
website within 7 days after the day on which the goods were stored; and
(ii)
posted in a prominent position on the premises that were
subject to the former agreement within 9 days after the day on which the goods
were stored.
Penalty for this subsection: a fine of $5 000.
(4) At the request of
a lessor, the Commissioner may state in writing whether or not in the
Commissioner’s opinion there are reasonable grounds for believing that
subsection (1) applies in respect of particular goods.
(5) Where a lessor has
been found liable to the owner of goods in respect of the removal, destruction
or disposal of the goods, being goods that were left on premises that were
subject to a former agreement, and it is proved that the lessor removed and
destroyed or disposed of the goods in reliance upon a statement of the
Commissioner under subsection (4), the lessor shall be entitled to be paid
from moneys standing to the credit of the Rental Accommodation Account, in
accordance with clause 3(3)(a) of Schedule 1, an amount equal to the amount in
respect of which the lessor has been found liable.
(6) Where —
(a) a
residential tenancy agreement has been terminated; and
(b)
goods have been left on the premises that were subject to the agreement; and
(c) at
the request of the lessor, the Commissioner has made a statement in writing
that in the Commissioner’s opinion there are reasonable grounds for
believing that subsection (1) does not apply to the goods; and
(d) the
total cost of removing, storing and selling the goods does in fact exceed the
value of the goods,
a competent court may
on application by the lessor make an order for the payment to the lessor out
of moneys standing to the credit of the Rental Accommodation Account, in
accordance with clause 3(3)(a) of Schedule 1, of an amount equal to the
difference between the value of the goods and the reasonable cost of removal,
storage and sale.
(7) A person who has a
lawful right to goods removed and stored under subsection (2) may at any time
before the goods are sold under subsection (8) reclaim the goods upon paying
to the lessor the reasonable costs of the removal and storage of the goods.
(8) Where goods are
stored under subsection (2) and have not been reclaimed within 60 days after
the day on which they were removed and stored, the lessor shall as soon as
practicable after the expiration of that period cause them to be sold by
public auction.
(9) If goods are
stored, removed and sold by public auction under this section, the lessor is
entitled to retain out of the proceeds of the sale the reasonable costs of
removing, storing and selling the goods.
(10) Where goods have
been sold under this section by a lessor, the lessor may, upon application
containing the prescribed information, pay into court an amount that a
competent court is satisfied represents the balance of the proceeds of the
sale after deduction of any amount to which the lessor is entitled under
subsection (9) and any amount that the lessor is owed under the former
agreement, and, where such payment is made, the receipt of the court for the
moneys paid shall be sufficient discharge to the lessor of the lessor’s
liability in respect of the moneys.
(11) Any moneys paid
into court under subsection (10) shall be credited to the Rental Accommodation
Account as provided by clause 3(2)(c) of Schedule 1.
(12) Where any
application is made to a competent court by any person claiming any amount
credited to the Rental Accommodation Account under this section, the court
may, upon being satisfied that the person is entitled to the amount, order
that the amount be paid to the person.
(13) Where goods are
sold by public auction under this section, the purchaser shall, unless the
purchaser has actual notice of any interest in the goods of any person other
than the tenant, acquire a good title to the goods in defeasance of any such
interest.
(14) A lessor shall
not incur any liability —
(a) in
respect of the removal, destruction or disposal of goods under subsection (1);
or
(b) in
respect of the removal, storage or sale under this section of goods to which
subsection (1) does not apply, except liability for intentional or negligent
damage to the goods or where the lessor has actual notice of any interest in
the goods of any person other than the tenant and fails to take all reasonable
steps to notify that person of the whereabouts of the goods and afford that
person a reasonable opportunity to reclaim the goods.
(15) Where a dispute
arises between a lessor and a tenant in respect of goods to which this section
applies, a competent court may, upon application by such person, order the
payment of any amount or make such other order as it considers appropriate in
the circumstances.
[Section 79 amended: No. 50 of 1988 s. 14 and 18;
No. 59 of 1995 s. 56; No. 59 of 2004 s. 120 and 121; No. 77 of 2006 Sch. 1 cl.
149(1) and (5); No. 60 of 2011 s. 76, 88 and 89; No. 42 of 2016 s. 5.]