Dealing with goods left behind

What are uncollected goods?

Goods may become uncollected if they're left or abandoned with someone who is not the owner, or if they're lost. For example:

• when goods are left behind by tenants, residents or anyone sharing with a tenant at the end of a tenancy or other occupancy
• when an unknown person leaves goods on common property such as in a strata scheme parking or storage area, which are reasonably believed to have been abandoned.

Find out more about uncollected goods.

Actions that a person can take under the Uncollected Goods Act

The Uncollected Goods Act 1995 gives the person in possession of the goods the right to dispose of them after a certain amount of time.

The amount of time and manner of disposal depends on the type and value of the goods.

The owner of the goods is responsible for them.

If they do not take action to regain possession, the goods may be lawfully sold or destroyed if proper processes are followed.

The Uncollected Goods Act applies to disposal of uncollected goods where there's no agreement about disposal between the owner and person in possession of the goods.

If there's an agreement, the Uncollected Goods Act applies to any goods or matters that are not dealt with in the agreement.

The Uncollected Goods Act applies to goods left behind in certain residential and housing schemes including:

• boarding houses
• community schemes
• holiday parks
• residential land lease communities
• residential tenancies
• retirement villages
• strata schemes.

Landlords and goods left behind

How a landlord deals with goods left behind depends on the goods.

In some cases, the landlord needs to give the former tenant notice that they are holding the tenant’s goods and will dispose of the goods after a certain time if they are not collected.

The tenancy must have ended before dealing with goods left behind.

See uncollected goods for more information.

The tenancy must have ended before dealing with goods left behind

Before a landlord takes any action, they must be certain the tenancy has ended.

This is particularly important if neither the landlord nor tenant have given notice to end the agreement.

The property may look abandoned, but the tenant may have gone on holiday, be away for work, or be in hospital.

The landlord should try to contact the tenant, check with neighbours or check the tenant's workplace first.

If a landlord has any doubts about whether the property has been abandoned, they can apply to NSW Civil and Administrative Tribunal (NCAT).

If no doubt exists, the landlord does not need a NCAT order. They can simply change the locks to secure the property and deal with any goods that have been left behind.

Can a landlord charge an occupation fee for uncollected goods? 

Landlords cannot charge tenants an ‘occupation fee’ equal to the rent for each day goods are left on their premises once a residential tenancy ends.

You can only charge a tenant for the actual costs incurred to remove, store, maintain, insure and dispose of goods. No other charges are due.

Disposal of goods left behind

How uncollected goods can be disposed of depends on the value and the type of goods. There are separate provisions under the Uncollected Goods Act for rubbish, perishables and personal documents.

Rubbish and perishables

• No notice requirement.
• No notice period.
• Disposing of rubbish and perishables can be via any appropriate manner.

Personal documents*

• Written notice is to be given.
• The notice period is 28 days.
• Personal documents can be returned to the author or securely destroyed.

Other goods worth less than $1,000

• Notice can be verbal or written.
• The notice period is 14 days.
• Disposal of goods can be via any appropriate manner.

Other goods worth between $1,000 to $20,000

• Written notice is to be given.
• The notice period is 28 days.
• Disposal can be via public auction or private sale for a fair value.

Other goods worth over $20,000

• These goods cannot be disposed of without applying to the Tribunal.
• Manner of notice is in accordance with any Tribunal order.
• The notice period is in accordance with any Tribunal order.
• Disposal is in accordance with any Tribunal order.

*Note: Personal documents may also be considered 'goods'

Personal documents are goods that may have a very low or no market value but may be important to the owner. They include:

• documents that confer authorities, rights or qualifications, for example licences
• employment documents, for example, references
• financial documents, for example, bank books
• identity documents, for example, passports
• legal documents, for example, wills
• medical records, for example, previous surgeries
• photographs and other personal memorabilia.

When a former tenant reclaims their goods

A former tenant, or anybody else, with a legal interest in the goods can reclaim the items at any time while they are in the landlord’s possession.

A landlord can ask for any actual costs that they incurred in removing, storing, maintaining or insuring the goods. However, the landlord cannot refuse to return the belongings because the former tenant owes rent or money for some other reason.

If a landlord does not follow the process required when dealing with goods left behind, a tenant who returns for their goods could also apply to the Tribunal for compensation for any damage to their belongings while they were in the landlord’s possession.

If a landlord follows the required process, they can also apply to the Tribunal for an order if the tenant disputes having to pay any relevant fees where applicable.