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Residential Tenancy Act 1997 (No. 82 of 1997)
|Requested: 5 Dec 2016|
|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.