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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  1 Oct 2014
Consolidated as at:  11 Jan 2005

Division 3 - Abandonment of premises and goods

46. Early vacation

[Section 46 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] [Section 46 Substituted by No. 67 of 2003, s. 22, Applied:05 Mar 2004] Early vacation of residential premises occurs if –

(a) the tenant has ceased to occupy those premises; and

(b) a notice of termination has not been served in respect of those premises; and

(c) a notice to vacate has not been served in respect of those premises; and

(d) the tenant notified the owner of the intention to vacate the premises.

47. Abandonment

[Section 47 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] [Section 47 Substituted by No. 67 of 2003, s. 22, Applied:05 Mar 2004] Residential premises are abandoned if –

(a) the tenant has ceased to occupy those premises; and

(b) a notice of termination has not been served in respect of those premises; and

(c) a notice to vacate has not been served in respect of those premises.

47A. Order declaring abandonment

[Section 47A Inserted by No. 67 of 2003, s. 22, Applied:05 Mar 2004]

      (1) An owner of residential premises may apply to the Court for an order declaring that the premises are abandoned.

      (2) If satisfied that the residential premises are abandoned, the Court may make an order to that effect.

      (3) Vacant possession of the residential premises is delivered to the owner as at the date of the order.

47B. Loss following abandonment or early vacation

[Section 47B Inserted by No. 67 of 2003, s. 22, Applied:05 Mar 2004] Following abandonment or early vacation of residential premises, a tenant is liable to the owner for –

(a) rent payable under the residential tenancy agreement from the date of the abandonment or early vacation of the premises until –

(i) the date on which another residential tenancy agreement is entered into; or

(ii) the date at which the residential tenancy agreement for those premises could have been terminated under this Act, if another residential tenancy agreement is not entered into before that date; and

(b) any other loss arising from the abandonment or early vacation.

47C. Joint tenant ceases occupancy

[Section 47C Inserted by No. 67 of 2003, s. 22, Applied:05 Mar 2004]

      (1) If a joint tenant ceases to occupy residential premises, the joint tenant is not liable for any loss caused by an act or omission of any other tenant remaining in occupancy of those premises if that act or omission occurred after the joint tenant ceased to occupy those premises.

      (2) For the purposes of subsection (1), the onus of proving when the act or omission causing the loss occurred is on the joint tenant who ceased to occupy the premises.

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.



CURRENT VIEW: 25 Aug 2004 - 30 Mar 2005
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