Uncollected goods

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 consumers leave goods with a business for repair or treatment and do not return to collect them such as a car left with a motor repairer, or clothes left at the dry cleaners
• when a business cannot return goods to their owner, for example because they cannot communicate with or find the owner
• 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
• memorabilia. 

What a person can do 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.

What the Act covers

The Act is available to dispose 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 Act applies to any parts that are not dealt with in the agreement.

What the Act does not cover

The Act is not available to dispose of some goods, including:

• pawned goods (Pawnbrokers and Second-hand Dealers Act 1996)
• goods held by a storer with charges owed by the depositor (Storage Liens Act 1988)
• motor vehicles left with a tow truck operator (Tow Truck Industry Act 1998)
• money owed to people that cannot be found (Unclaimed Money Act 1995)
• lost or abandoned pets.

See also:

If goods are left with you

You have a duty to safeguard goods left with you for the owner.

The owner or anybody with a legal interest can reclaim the items at any time from you.

If you are looking after the goods, you can ask for any actual costs you’ve incurred in:

• removing the goods
• storing the goods
• maintaining the goods, or
• insuring the goods.

You cannot refuse to return the goods because the owner owes rent or money for another reason.

If you follow the process outlined in the Act, you can dispose of the goods after a certain amount of time. The amount of time and manner will depend on the value and type of goods.

Landlords can only deal with goods left behind after the end of the rental agreement 

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 from work, or be in hospital.

As a landlord, you also have to follow the process if goods are left in your property. This is because 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 their landlord’s possession.

The Uncollected Goods Act also applies to certain residential and housing schemes including: 

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

How and when to provide a goods disposal notice

You can give the owner of the goods a disposal notice personally, by letter or by email.

The notice must include:

• your name or the business name
• a description of the goods
• an address where the owner can collect the goods
• a statement of any relevant charges, for example, removal, storage, maintenance and insurance costs, and if you or the business are planning to take money out of the sale to cover those charges
• a statement that on or after a specified date, the goods will be sold, kept or destroyed unless they are first collected, and the relevant charges are paid.

If you do not know the owner of the goods or you cannot contact them

You should make reasonable efforts to:

• identify the owner of the goods
• communicate with them.

If this is not possible, you should store the goods for the relevant period and sell or dispose of them once the period has ended.

If any items are left uncollected or abandoned on common property in a strata arrangement, you can let your strata manager or strata committee know about it so they can manage it.

Disposal of goods left behind

Disposing uncollected goods will depend on the value and type of goods. There are separate provisions under the Act for:

• rubbish
• perishables
• personal documents.

Abandoned goods still belong to the owner of the goods, so you must follow certain rules before you get rid of them.

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 about personal documents

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.

Selling uncollected goods

Valuing uncollected goods

The value of the goods is a reasonable estimate of the market value. This means the estimated amount that the goods could be sold for after reasonable efforts to sell it.

If a number of goods are uncollected, you should value them individually unless the items clearly make up a set. For example, a television and some clothing would be valued individually, while a dining table with a set of dining room chairs would be valued as one item.

Money you can keep selling uncollected goods

You can retain any charges that the owner agreed to pay for the repair or treatment of the goods, for example in a warranty agreement. You are also entitled to retain the amount of the costs that you incur for:

• removal
• storage
• maintenance
• insurance
• disposal.

These charges should not include any profit. They should only reflect the actual cost to you or the business while the goods are ‘uncollected.’ No charges are due for personal documents.

If there's any money left, the amount should be refunded to the owner or treated as ‘unclaimed money’ and transferred to Revenue NSW so the owner can claim it.

If the proceeds of sale are not enough to pay the relevant charge, the person holding the goods can recover the amount as a debt in court.

If surplus proceeds and have not transferred it to Revenue NSW, the owner can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order.

Can the owner claim title after the goods have been sold

Goods pass with ‘clear title’ when they are sold.

The owner can only reclaim an item from the buyer if:

• they were aware the sale was not lawful, because the person in possession of the goods did not comply with the Act, or
• the seller was not entitled to sell the item.

Records you will need to keep for uncollected goods

You must make a record within 7 days of disposing of all goods, except rubbish and perishable items, which includes:

• a description of the goods
• the date of disposal
• the manner of disposal
• if the goods were sold, the name and address of the buyer, amount of proceeds of sale and the amount retained to cover the relevant charges
• if the goods are sold by public auction, the name and address of the principal place of business of the auctioneer.

You may also want to keep records of the notice that you provide to the owner or any attempts to contact and trace the owner. In legal proceedings, the person who disposed of the goods has the ‘burden of proof’ and must show that they complied with the law.

The length of time you need to keep records depends on the value. If the item was low value, you should keep the records for 12 months. For all other goods, you should keep records for 6 years. The owner or another person claiming interest in the goods can inspect the records on request.

Motor vehicle disposal

You can only get rid of a motor vehicle, including a caravan or abandoned car, if you have proof that it’s not stolen.

To get proof that a car isn’t stolen, you will need:

• a written search result from the Personal Property Securities Register, and
• a certificate from the Commissioner of NSW Police.

To apply for a certificate from NSW Police, please go to your local police station and ask for a ‘uncollected goods certificate (vehicles)’. Where possible, you will need to give details of the car:

• make, model, type, colour, year of manufacture, location
• any identification numbers, for example, VIN or chassis, engine, or registration.

You will need to pay a fee for the certificate, listed on the NSW Police website, and an officer will also need to physically inspect the vehicle. Any police officer can issue a certificate under section 31 of the Uncollected Goods Act 1995.

Uncollected motor vehicles can be moved or stored in an appropriate manner until time of disposal.

After this certificate has been issued and the search completed, follow the guidelines.

Making a complaint

When making a complaint, you should include:

• details of the issues you are experiencing
• copies of any correspondence that shows how you have tried to resolve the matter.

How NSW Fair Trading will handle your complaint 

Your complaint will be reviewed to determine the most appropriate resolution. This may include:

• providing you with information to help resolve your complaint
• recording the complaint issues to assist in future compliance programs, or
• contacting the other party to try and resolve the dispute.

You can lodge a complaint: 

Online

If you cannot resolve your matter, submit your complaint by using our form.

Make a complaint

By mail

Post your complaint form and documentation to: 

NSW Fair Trading

PO Box 972 

Parramatta NSW 2124 

Ask a question 

If you are unable to find the information you need, you can call us between 8:30am to 5pm on Monday to Friday. You can also use our form to make an enquiry. 

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