Abandoned goods at a rental property or park home

You can dispose of items seen to be rubbish. Some examples of rubbish include:

• perishable and non-perishable foodstuffs;
• newspapers and magazines;
• cardboard boxes, plastic bags, household rubbish etc; 
• personal items e.g. toiletries, perfume, make up, medicines and pharmaceuticals;
• cleaning products, paint, solvents, oil, chemicals.

When any items deemed to be rubbish have been disposed of, you need to handle the remaining belongings in the different categories they fall into, such as important documents and photographs, goods belonging to others, goods reportable to authorities, and goods of value.

If you believe the estimated value of the abandoned goods is less than what it would cost you to remove the goods, store the goods for at least 60 days and sell the goods at public auction or you can choose to dispose of the goods. This includes jewellery, motor vehicles, caravans, trailers or boats.

Before you dispose of any goods, make sure you:

• Have reasonably attempted to contact the tenant(s) to collect their goods; and
• understood the obligations for storing good of value.

The tenant may apply to Magistrates Court or the State Administrative Tribunal (SAT) for compensation for the disposed of goods. You may need to prove the disposed of goods were of a value less than the cost to remove, store, and sell at public auction to the Magistrate or SAT member. It is recommended you obtain a written estimated value of the goods from an authorised person, such as a second hand dealer, along with written quotes to show the cost to store the goods for 60 days and written quotes to show the cost to sell the goods at a public auction.

If the estimated value of goods is more than it would cost for you to remove, store and sell the goods at public auction, you must store the goods immediately in a safe place and manner for at least 60 days.

Within seven days of storing the goods, you must try and notify the tenant using one of the following methods:

• If you have the tenant's contact details then complete Form CP2 - Notice to former tenant as to disposal of goods and give it to the former tenant (give means personally, by post or electronically). 
• If you don't know the tenant's forwarding details, you must instead complete Form 3 - Notice as to disposal of goods, and publish a copy in a newspaper that circulates generally throughout the State and place a copy in a prominent position on the premises (within nine days).

Keep a record of these forms in case you need to prove you have performed these actions in court.

Someone with a lawful right to the goods may reclaim them within the 60 days, or after that time if they remain unsold, after paying your reasonable removal and storage costs. Goods not claimed within 60 days must be sold at public auction and you are entitled to claim the costs incurred for their removal, storage and sale.

The balance must be paid into the Rental Accommodation Fund via an application to the Magistrates Court using Form 11 - Proceeds of sale of abandoned goods. This will discharge your liability in respect of the funds. If you are owed money from the associated tenancy, such as rent, damages etc., you can use the Form 11 to claim the costs from the money deposited.

You cannot seize the tenant's goods or property as compensation for rent they may owe. If you are in dispute with the tenant over abandoned goods or unpaid rent and you cannot resolve the issue, you can make an application for a hearing in the Magistrates Court nearest to the property. Court forms are available from the court nearest to you or through the Magistrates Court website.

If the estimated value of goods is more than it would cost for you to remove, store and sell the goods at public auction, you must store the goods immediately in a safe place and manner for at least 60 days.

Within seven days of storing the goods, you must try and notify the tenant by sending a Notice to former tenant about storage of abandoned goods using one of the following methods:

• If you have the tenant's contact details, give the form to the former tenant (give means personally, by post or electronically). 
• If you don't know the tenant's forwarding details, you must instead publish a copy or summary of the form in a newspaper that circulates generally throughout the State and also display the form in your residential park within 9 days of storing the abandoned goods.

Keep a record of these forms in case you need to prove in court that you have performed these actions.

Someone with a lawful right to the goods may reclaim them within the 60 days, or after that time if they remain unsold, after paying your reasonable removal and storage costs. Goods not claimed within 60 days must be sold at public auction and you are entitled to claim the costs incurred for their removal, storage and sale.

If the sum raised from the sale of the goods at public auction is in excess of the amount owed, you may apply to the SAT for a decision regarding the balance of the funds.

If the tenant leaves behind important personal documents then you will be required to store them in accordance with section 80A of the Residential Tenancies Act 1987. These include official documents, photographs, correspondence or other significant documents it is reasonable to expect a person would want to keep. You need to take care of the documents for at least 60 days and take reasonable steps to notify the tenant where to collect the documents. If the tenant collects any documents from you, or you take the matter to court, you can be reimbursed for any reasonable costs.

Computers, laptops, tablets, smart phones, hard drives, flash drives and any other type of digital storage media may contain documents and it would be advisable to treat these items as abandoned documents and store them for 60 days.

You can dispose of any unclaimed documents or digital media after the 60-day period ends.

If your tenant abandons any of the following items, you can contact the appropriate organisation for assistance:

• Money - You can contact the Department of Treasury for information on how to deal with unclaimed money. 
• Animals and pets - You can contact an animal shelter or refuge for information on what to do with abandoned animals and pets. 
• Firearms, illegal drug paraphernalia or equipment - Report these items to the WA Police. 
• Rental items belonging to a third party commercial supplier - You can contact the supplier to arrange the return of their items, such as rented white goods, Foxtel units, rented furniture, shopping trolleys etc.
• Abandoned vehicles or trailers - You should first contact the Police to see if the vehicle has been stolen.  Current licensed vehicles should also be reported to the Police and all reasonable means taken to have the vehicle’s owner remove the vehicle. You can use the WA Department of Transport’s online vehicle licence expiry date enquiry to see if the vehicle or trailer is currently licensed. All other states and territories have similar online facilities to check vehicle licences. These checks will provide ownership information. You can check whether there is a security interest for any debt registered over the vehicle or whether the vehicle is reported stolen or written off, by searching for the vehicle on the Personal Property Securities Register (PPSR).

Caravan means a vehicle fitted or designed for habitation. For abandoned caravans in a caravan or residential park, you should refer to regulation 56 of the Caravan Park and Camping Grounds Regulations 1997. This section allows an authorised person or the licence holder of the facility where the caravan is situated to give written notice stating it is their opinion the recipient’s caravan is neglected or abandoned.

Notice given under this regulation is to briefly state:

• a description of the caravan sufficient to identify it, including where possible, its number plate; and
• any actions may be taken to rectify the problem(s) with the caravan; and
• those actions are to be taken within 14 days (or a longer period if specified) of service of the notice; and
• if the notice is not complied with, the caravan may be removed from the facility and, after not less than 60 days of the removal, sold.

If the caravan abandonment notice has not been complied with, either an authorised person or the licence holder of the park may remove the caravan from the park.

You can contact your local council for further advice and also refer to the following legislation:

• Caravan Parks and Camping Grounds Regulations 1997
• Caravan Parks and Camping Grounds Act 1995