109Abandoned goods

109 Abandoned goods (1) If goods are left on premises that were subject to a tenancy that is terminated under this Act, the landlord must store the goods in a safe place and manner until: (a) the goods are reclaimed under subsection (5); or (b) the goods are auctioned under subsection (6). Maximum penalty: 50 penalty units. (2) Despite subsection (1), if the goods: (a) are perishable foods or have perished; or (b) are of a value less than a fair estimate of the cost of their removal, storage and sale, the landlord may remove, and destroy or dispose of, the goods. (3) The landlord must, within 14 days after first storing goods under subsection (1), give notice in the prescribed form of the storage of the goods to: (a) if the tenant has left a forwarding address – the tenant; and (b) if another person has, to the knowledge of the landlord, an interest in the goods and the person's name and address are known to, or reasonably ascertainable by, the landlord – that (4) The landlord must, within 14 days after first storing goods under subsection (1), publish in a newspaper circulating generally throughout the Territory notice, in the prescribed form, of the storage of the goods. Residential Tenancies Act 1999 71 (5) A person who is entitled to possession of goods stored under this section may reclaim the goods by paying to the landlord: (a) the reasonable costs of their removal and storage; and (b) the cost of publishing the notice under subsection (4). (6) If the goods are not reclaimed within 30 days after the date on which the landlord took possession of the premises, the landlord must, as soon as practicable after the end of that period, cause the goods to be sold by public auction. (7) On the sale of the goods by public auction, the landlord may retain out of the proceeds of sale: (a) the reasonable costs of removing, storing and selling the goods; and (b) the reasonable costs of giving notice under subsection (4); and (c) any amounts owed to the landlord under the tenancy (8) The landlord must pay the balance of the amount remaining after he or she has retained the amounts permitted to be retained under subsection (7): (a) to the owner of the goods; or (b) if the identity and address of the owner are not known to, or reasonably ascertainable by, the landlord – to the Commissioner for the credit of the Tenancy Trust Account to be held on trust for the owner. (9) If goods are sold by public auction under this section, the purchaser acquires a good title to the goods that defeats: (a) a tenant's interest in the goods; and (b) another person's interests in the goods unless the purchaser has actual notice of the interest before purchasing the goods. Residential Tenancies Act 1999 72 (10) If a dispute arises between a landlord and tenant about the exercise of powers conferred by this section, the Tribunal may, on the application of either party to the dispute, make orders resolving the matters in dispute.