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Collecting goods left behind
At the end of a tenancy, tenants or residents who leave goods behind when they leave the property should contact the landlord or owner as soon as possible to make arrangements to collect them.
A warrant of possession (also referred to as a ‘possession order’) does not give the landlord or owner the right to remove the tenant’s or resident’s belongings. For more information, view our Possession orders (eviction) page.
Also, a landlord or owner cannot refuse to return a person’s belongings, even if the person owes rent.
However, if the goods are not collected, there are recommended procedures for landlords or owners to follow in order to dispose of them.
A tenant or resident may apply to the Victorian Civil and Administrative Tribunal (VCAT) for compensation from the landlord or owner if they:
- have suffered a loss because the landlord or owner did not follow the recommended procedures (for example, if they have sold or destroyed the goods without obtaining an inspection and report from us) and
- can prove the goods were worth more than the cost to the landlord or owner of removal, storage and selling of the goods.
If the landlord or owner has obtained a report from us and suffered a loss through the cost of removing, storing and auctioning the goods, they may also apply to VCAT for compensation from the tenant.
Personal documents include official documents, photographs, correspondence, images on still and video cameras, material on computer hard drives and any other documents someone would reasonably be expected to keep.
When personal documents are left behind, the landlord or owner must:
- take reasonable care of the documents for at least 90 days
- let the tenant or resident reclaim the documents after repaying any reasonable costs they incurred to remove and store them.
A landlord or owner can be fined for not letting a tenant or resident reclaim documents when they were willing to pay a reasonable amount to cover those costs.
If a landlord or owner complies with the law and the tenant or resident does not claim the documents, the documents can be disposed of. The landlord or owner can then apply to VCAT to be compensated by the tenant for the cost of looking after and removing the documents.
Goods that can be disposed of
The landlord or owner can dispose of:
- perishable foods
- dangerous goods
- goods of no monetary value.
All other goods must be stored unless removal, notification, storage and auction costs would be more than the monetary value of the combined goods.
Goods that must be stored
If a tenant or resident leaves goods behind that are not allowed to be disposed of, the landlord or owners must:
- store the goods for 28 days
- notify the tenant, within seven days of storing the goods, to arrange collection
- let the tenant or resident reclaim the goods after they have paid the costs to cover any reasonable expenses paid by the landlord to remove and store them.
If a rooming house resident or caravan park resident leaves goods behind that are not allowed to be disposed of, the owner must take reasonable:
- care of the goods
- steps to notify the resident to arrange collection.
Note: A rooming house is a building where one or more rooms are available to rent, and four or more people in total can occupy those rooms.
Request an inspection of goods left behind
A landlord or owner may ask us to conduct an inspection of goods left behind by first completing a Request for inspection of goods left behind (Word, 114KB). Lodgement details are on the form.
One of our inspectors will then visit and advise on what to do with the goods.
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