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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  18 May 2013
Consolidated as at:  11 Jan 2005

48. Disposal or sale of abandoned goods

      (1) If a residential tenancy agreement is terminated and goods on the premises to which the agreement relates appear to be abandoned by the tenant, the owner may –

(a) dispose of the goods if they appear to the owner to have no value; or

(b) sell the goods if they appear to have a value less than the prescribed amount; or

(c) [Section 48 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] apply to the Court for an order permitting the sale of the goods for the best price reasonably obtainable if they appear to have a value equal to or more than the prescribed amount.

      (2) The owner is to verify by a statutory declaration the means of disposal of any goods under subsection (1)(a).

      (3) The proceeds of the sale of goods are to be dealt with as follows:

(a) firstly, in the payment of any debt owed by the tenant to the owner;

(b) secondly, in the payment of the reasonable costs of the sale;

(c) thirdly, any balance to be kept in an interest bearing account for the tenant for a period of 6 months.

      (4) If the tenant does not claim any proceeds of the sale of goods kept under subsection (3)(c) within 6 months, the proceeds become the property of the Commissioner.

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