The Law Handbook 2024

522 Section 6: Houses, communities and the road Notification of goods A rental provider must take reasonable steps to notify a renter that their belongings have been stored, explain how the renter can get their belongings, and what rights the renter has in relation to their goods (s 386(1), 386(2) RT Act). To do this, rental providers can use CAV’s ‘Notice of Goods Left Behind’ form (available at www.consumer.vic.gov.au) . Storage of goods If goods are not to be destroyed or disposed of, the rental provider must store the goods for at least 14 days; this time period begins the day the renter is given the Notice of Goods Left Behind (s 386(1) RT Act). A rental provider may remove a renter’s goods from the rental premises and store them in a safe place (s 386(3)). A renter can ask the rental provider to store the goods for more than 14 days; if the rental provider refuses, the renter can apply to VCAT for an order to compel the rental provider to do so (s 395). Claiming stored goods The renter or owner of the goods may reclaim them at any time before they are destroyed or disposed of (s 387(1) RT Act). Occupation fee Before returning the goods, a rental provider is permitted to require the renter or owner of the goods to pay an ‘occupation fee’ for the number of days they stored the goods (s 387(2) RT Act). This is only the case if the amount of goods left behind stops the rental provider from renting the property. At the time of writing, there is no case law to indicate what amount of goods would prevent a premises from being rented. The daily occupation fee must not be more than the daily rent (s 388). However, if the occupation fee is not sufficient to cover the cost of storing the goods, a rental provider can apply to VCAT to charge the renter of owner of the goods a higher fee (ss 395A, 401(b)). Sale or disposal of goods After 14 days – plus any extra days agreed to or ordered by VCAT – a rental provider may sell or dispose of the goods if they have not been reclaimed (s 391 RT Act). If the goods are sold, the renter or owner of the goods can ask for the money from the sale, minus any occupation fee and reasonable costs for arranging the sale (s 392(1)). This request needs to be made within six months of the sale (s 392(2)). If the renter or owner of the goods does not make a request for the proceeds of the sale within this time, any money left over will be paid to the Residential Tenancies Fund (s 392(3)). Personal documents The RT Act (s 3) defines personal documents as ‘official documents, photographs, correspondence or any other document which it would be reasonable to expect that a person would want to keep’. An extended definition of ‘document’ is provided in section 38 of the Interpretation of Legislation Act 1984 (Vic). The definition in that Act is very broad and includes books, photographs, film and audio CDs. It is likely that is should also include computers, smart phones, hard-disks and USBs. If a renter leaves behind personal documents, the rental provider must take reasonable care of them for at least 90 days (s 380 RT Act). The rental provider may remove the documents from the rental premises but must not destroy or dispose of them (s 380). Reasonable steps to notify the renter as to how they can collect the documents must be made (s 380). If, after 90 days the owner of the documents has not reclaimed them, the rental provider may dispose of the documents provided there is no other law requiring that they be dealt with in another manner (s 381). The owner of the documents may reclaim them at any time before they are disposed of. Before returning the documents, the rental provider is permitted to require the owner of the documents to pay the reasonable costs of the rental provider notifying the renter, removing the documents from the premises, and taking care of the documents (s 382 RT Act). If there is a dispute about these costs, renters should apply to VCAT under section 397 of the RT Act. If the rental provider does not follow the law Belongings not returned If – after a renter has paid any required costs or fees – a rental provider refuses to return a renter’s goods or documents, the renter can apply to VCAT for