They left it behind on my land… can I now sell it?
Explore landowners’ rights when a tenant leaves personal property behind on your land and what you can (or can’t) do with it.
War Story: John has an investment property that he rents to a young couple
In late December, the young couple’s tenancy agreement came to an end, and they subsequently vacated the property. A few days later John visits the house to undertake some minor maintenance, when he notices that the previous tenants have left personal property behind including some scrap steel, a high-quality leather couch and a caravan. He has tried to call them and sent them an email though they have not returned his calls or responded to his email.
John wants to know what he can and can’t do with the property left behind by these tenants, and further if he can get any of the money back that he had to spend on a removalist and storage costs, etc.
What does the Law say?
Residential Tenancy Agreements
According to the Queensland Residential Tenancies and Rooming Accommodation Act, a landlord may sell or dispose of the tenants’ goods left behind if they have reasonable grounds to believe that -
a) the goods are not personal documents or money; and
b) the market value of the goods is less than $1,500.00; or
c) storage of the goods -
i. would be unhealthy or unsafe (ie. Live animals, firearms, perishable food etc); or
ii. would cause the market value of the goods to depreciate completely or substantially (ie. Perishable food or items, etc); or
d) the cost of removing, storing, and selling the goods would be more than the proceeds of the sale (ie. Furniture of poor quality and/or poor condition, etc).
If the goods do not meet the above criteria for sale or disposal then the landlord must store the goods safely for at least one month.
In particular, any moveable dwelling, the contents of a moveable dwelling, or other goods used in the occupation of a moveable dwelling, must be stored for three months.
If the goods have not been reclaimed at the end of the storage period by the previous tenant, then the landlord may sell the goods by auction (to be advertised in a newspaper and held at least 7 days after the notice published). The tenant may reclaim the goods prior to the auction upon paying the landlord for the reasonable removal and storage costs.
The landlord can apply to the Tribunal requesting the goods to be sold by way of other method (ie. a private sale – such as through marketplace).
Once the goods have been sold at auction (or otherwise if permitted), the landlord may keep from the proceeds of sale the reasonable costs of removing, storing, and selling the goods. Any balance must be paid to the Public Trustee within 10 days after the sale.
If there is any rent owing in arrears or cleaning costs incurred that the tenant ought to have done upon vacating, then the landlord can apply to the Tribunal to claim reimbursement of these costs and arrears from the proceeds of sale.
It is important to note that seizure of a tenant’s goods and documents in exchange for rent owing or other damages (e.g. repairs or cleaning) is not permitted by the Act. A landlord may be subject to a penalty if they unlawfully seize or withhold the tenant’s property. Theft of goods and documents can be treated as a criminal matter and can be reported to the Police.
Therefore, in John’s case he can dispose of the scrap metal due to its value being less than $1,500.00. However, because John believes that the value of the couch exceeds $1,500.00, he needs to store the couch for one month, and proceed to auction if the couch is left unclaimed.
He also needs to store the caravan for 3 months before he puts that up for auction or otherwise sells it.
John ended up receiving $1,800.00 for the couch at auction. His removal, storage and selling costs for the couch and steel combined were $1,000.00. Accordingly, he was entitled to keep $1,000.00 of the sale proceeds and was required to pay the remaining monies to the Public Trustee within 10 days after the sale.
He applied to the Tribunal to sell the caravan by private sale and it was granted. He ended up receiving $15,000.00 for the caravan though was able to deduct his removal, storage and selling costs of $2,000.00. The costs to clean the premises after the removal of the items from the house was $500 and he applied to the Tribunal to also take these costs from the monies received. He paid the remaining funds to the Public Trustee.
If you have a former tenant who has left behind personal property after the end of a tenancy or rooming agreement, you should check your obligations on the RTA website (https://www.rta.qld.gov.au/) or contact the Residential Tenancies Authority (phone 1300 366 311).
Alternatively, we have experienced commercial property lawyers to help guide you through the obligations and rights you may have as a landlord.