Home » Deal with goods a tenant has left behind

Deal with goods a tenant has left behind

We advise landlords on the process for dealing with abandoned goods, so the property can be cleared without a claim following.

A tenant has gone and left their things behind. You want the property cleared and re-let, and you cannot simply throw it all out. The law in your state sets a process, and skipping it turns an empty property into a compensation claim. We tell you what the process requires and the fastest lawful way through it.

Speak to a lawyer What is included

The shortest lawful path

You clear the property as quickly as the rules allow, rather than guessing and storing everything for months.

Notice and storage done properly

The obligations are met within the required timeframe, so disposal does not turn into a claim for the value of the goods.

A record that defends you

What was left, what it was worth and what you did with it is documented, which is what answers a claim months later.

Why abandoned goods cannot simply be discarded

When a tenancy ends and goods are left at the premises, those goods still belong to the former tenant. Your right to possession of the property does not give you ownership of what is in it.

Each state sets out what a landlord has to do. The obligations turn on the nature and value of what was left. Genuine rubbish and perishables can be dealt with quickly. Goods with real value attract notice and storage obligations, and in some cases a sale process, with the proceeds handled in a prescribed way.

What the law does not allow is keeping the goods to offset unpaid rent. That is a common assumption and a costly one. Rent arrears are recovered through your state’s tenancy tribunal, not through the tenant’s furniture.

Speak to a lawyer

Can I just throw out what the tenant left?

Not as a general rule. The goods still belong to the former tenant, and the law in each state sets out what has to happen before disposal. Rubbish and perishable items can be dealt with quickly. Goods with real value attract notice and storage obligations. We advise on what applies to yours.

Can I keep the goods to cover unpaid rent?

No, and this is the mistake that costs landlords the most. The law does not let you offset the tenant’s possessions against arrears. You still have to pursue the rent through your state’s tenancy tribunal. You could also be liable for the value of the goods you kept.

How long do I have to store the goods?

It depends on what they are and what they are worth. Low-value and perishable items can be dealt with almost immediately. Goods of value attract a storage period after notice is given. We work out which applies to your situation so you are not storing things longer than required.

Can I recover the storage and disposal costs?

Sometimes. Where the goods are sold, the proceeds may be applied to reasonable costs, and the way any balance is handled is prescribed. Where there are no proceeds, recovering your costs generally forms part of a claim against the former tenant at the tenancy tribunal. We advise on what is realistically recoverable before you spend the money.

Goods left behind still belong to the tenant until the process is followed

Acting too quickly exposes you to a claim that can cost more than the delay you were avoiding. Advice before you dispose of anything is the cheapest part of this.

The tenant has left. Their property has not become yours

Your tenant has gone and the premises are full of things you did not put there. Every week the property sits is a week of lost rent, and the obvious answer is to clear it out.

But disposing of goods without following the process exposes you to a claim for their value. That claim can easily exceed what the delay was costing you. You need to know what the rules require and how fast you are allowed to move.

We will assess the goods left at your property and the obligations that attach to them.
We will advise on the notice requirements and how to meet them within the timeframe.
We will advise on the storage obligations and the fastest compliant path to clearing the property.
We will advise on selling goods of value and how the proceeds have to be dealt with.

You want the property back in use, without buying a dispute

The tenant has vacated and left furniture, boxes, maybe a car. They are not answering the phone and you have no forwarding address. The property cannot be shown, let alone re-let, until it is cleared.

You could skip hire and clear it this weekend. But if any of it turns out to be worth something, you have converted a lost fortnight into a claim you will lose. You want to know the shortest lawful path to an empty property.

What's included in your abandoned goods service

Speak to a lawyer

Assessment of the goods and the obligations that apply to them.
Advice on the notice requirements and how to give notice.
Advice on the storage period and the disposal timeline.
Advice on the sale process for goods of value and the proceeds.
Tribunal advice where cost recovery or a dispute is required.

What goes wrong when the goods are just cleared out

The common outcome is a tribunal claim for the value of what was disposed of. The tenant’s valuation is always higher than yours. Without a record of what was there and what it was worth, you are arguing from nothing.

Worse is the landlord who keeps the goods against unpaid rent. That is not a remedy the law provides. You can end up owing the tenant for their possessions and still having to pursue the arrears separately.

The slow failure is the opposite mistake. A landlord who is nervous about the rules stores everything for months. They pay for the storage and leave the property empty far longer than the law required.

How we get the property cleared and keep you protected

We start with what is actually there, because the obligations differ between rubbish, perishables and goods of value. That assessment sets everything that follows.

We advise on the notice you have to give and how to give it, and on the storage period that applies. Where the goods have value, we advise on the sale process and what has to happen to the proceeds.

Then we document it. A record of what was left, what it was worth and what notice was given is what defeats a claim later. The property gets cleared as soon as the process allows, and you have the file if you need it.

Three steps to clearing the property lawfully

Goods assessed, notice given, property cleared and documented.

Assess the goods

We work out which category the goods fall into, because that decides what you have to do before anything can be disposed of.

Notify and store

We advise on the notice required and the storage period, so the obligations are met within the right timeframe.

Clear and document

We advise on disposal, sale and cost recovery, and on the record you need to keep to defend a later claim.

Advice on abandoned goods, and the fastest lawful route to clearing the property

The frustration here is real and it is usually justified. The tenant has often left owing rent, left a mess, and left you to deal with their possessions at your own cost. None of that changes what the law lets you do, which is the part landlords find hardest.

We advise landlords on what the law requires for the particular goods left at your property. What notice has to be given, how long anything has to be stored, and when disposal or sale becomes available. We aim at the shortest compliant path rather than the safest slow one. We are an ISO 9001 accredited practice. How your matter is run, who does the work and what you get told are all defined and externally audited.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Ready to get the property cleared

Every week the property sits full of someone else’s belongings is a week of lost rent. The way to shorten that is to follow the right process rather than the fastest one. Tell us what has been left behind and we will set out what you have to do and how soon you can clear it.

Speak to a lawyer 1300 654 590