Abandoned Goods and Documents Procedure

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1 Abandoned Goods and Documents Procedure Purpose of the Procedure To ensure goods left behind on a property by any Tenants, are dealt with in a timely fashion, in accordance with legislative requirements and in the best interests of Lessor Clients. The Residential Tenancies and Rooming Accommodation Act 2008 contains provisions dealing with goods and documents that are left behind by tenants when they leave or abandon premises. For more information about the rules for Abandoned premises look at the Fact Sheet on the RTA website or call the RTA. Notes As there are substantial legal ramifications in this process, it is strongly recommended that formal diary notes be kept along each step of the way. In addition, it is recommended that formal diary notes be kept up to date all times, photos taken and where necessary a witness from the Agency be present.

2 Abandoned Goods & Documents Policies 1. Abandoned goods and documents must be dealt with in accordance with all the legislative requirements. 2. The Property Management team must act in the best interests of the Lessor Client at all times. 3. Checklists, computer software or hard copy file is to be used and updated at all times. 4. , is the preferred form of communication (unless specifically instructed otherwise). 5. Where there is a reference made to the use of a particular letter to a Lessor Client or Tenant in the following procedure, it may be replaced or used in conjunction with a phone call or providing the date, contents of the call/ and the Lessor Client s or Tenant s responses are clearly recorded in either the Lessor Client or Tenant section on the computer (whichever is appropriate). 6. All documentation sent or received in relation to a managed property is to be dated (received or sent) and filed appropriately (soft copy preferred). 7. All actions and/or communications in relation to a managed property are to be recorded in the appropriate section of the computer. The date, details and people involved are to be recorded. 8. QLD State legislative and Management Agency Agreement requirements must be met at all times. 9. All Agency partners must act in the best interests of the Lessor Client at all times. 10. Any variation that is required to the approved Agency Policies and Procedures must be approved by the Department Manager. 11. Standard Agency checklists, letters and forms are to be used and updated at all times.

3 Procedure Steps Step 1. Goods and Documents Appear To Be Abandoned It is recommended that you are familiarised with the Residential Tenancies Authority publication Goods and Documents Left Behind. 1.1 Where items have been left in the property by the Tenant after vacating/eviction they become 'abandoned goods and documents'. Start completing Goods and Documents Checklist (Form60) and complete the Checklist through each step of this Procedure. Following termination of the tenancy agreement, the lessor/agent may dispose of the goods left behind by the tenant where: - The total market value of the goods is less then $1500, or - The storage of the goods would be unhealthy or unsafe, or - Storage of the goods would cause their market value to be completely or substantially reduced, or - The cost of removing, storing and selling the goods would be greater than the amount raised in the sale of the goods. 1.2 Prepare and serve Abandonment Termination Notice (RTA Form 15). 1.3 Dispose of the goods if they appear to the Lessor Client to have no value:. - Take detailed photos of the goods, before they are moved - Make a detailed list of goods, including brand names etc - Take a witness. Step 2. Store Goods 2.1 If the goods do not fall into one of the above categories, the agent must store the goods for 1 month. Documents are defined in the act to mean personal documents and money. Personal documents such as passports, birth certificates, photographs and money found on the premises must be given to the tenant or the Public Trustee within 7 days from the date the tenancy agreement was terminated or the documents were found. 2.2 A person who is entitled to possession of the goods left in the premises may claim them at any time before they are disposed of or sold, provided the Lessor Client is satisfied that the claim is genuine. 2.3 The Lessor Client is entitled to require payment of the actual costs of removal and storage of the goods being claimed before allowing the goods to be collected.

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5 Step 3. Advise Tenant 3.1 After the storage period has expired, the goods must be disposed of by an auction unless the Tribunal orders their disposal by another method. The lessor/agent may apply to the tribunal for an order about the disposal of goods. Notify the tenant in writing by posting it to their known forwarding address or given to a or person who has interest in the goods, with a forwarding address that is known to, reasonably ascertainable by, the Lessor. Publish the notice in the Public Notices section of a newspaper. 3.2 The newspaper public notice should contain: - Agent name and address - Tenant's full name - Address of the rented premises where goods were abandoned - Description/list of the goods - Statement that, on or after a specified date, the goods will be sold by public auction unless they are first claimed, and the reasonable costs of removal and storage, but not other costs (e.g. outstanding rent), are paid, and a - Statement that the Lessor Client will retain the reasonable costs of removal, storage and sale from the proceeds of the auction, as well as outstanding costs from the General Tenancy Agreement. Step 4. Auction/Sale of Abandoned Goods 4.1 Where the uncollected goods have been stored for 1 month, they may be sold by public auction. 4.2 Arrange an Auctioneer. 4.3 Diarise auction time and date. 4.4 Advise the Lessor Client and Tenant. 4.5 Account to the Tenant for the balance of the proceeds of the sale after the deduction of the reasonable costs of removal, storage and sale of the goods, and outstanding monies from the tenancy. 4.6 File all documentation.

6 Step 5. Proceeds From Auction/Sale 5.1 The proceeds of the sale of goods are to be dealt with as follows: - Payment of any debt owed by the Tenant to the Lessor Client - Payment of the reasonable costs of the sale. 5.2 Any money remaining from the proceeds of the sale must be paid to the Public Trustee within 10 days of the sale. 5.3 Keep copies of all invoices and receipts from both the sale of the goods and the payment of debts. 5.4 File documentation and diarise specific dates required. 5.5 Send documentation, accounting for the results of the public auction, costs incurred and the balance of funds, to the Lessor Client and Tenant.