Tenant did a runner and left all his possessions.

Discussion in 'Property Management' started by JustSomebody, 18th Dec, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
  1. JustSomebody

    JustSomebody New Member

    Joined:
    18th Dec, 2018
    Posts:
    2
    Location:
    Australia
    Parent's tenant did a runner and flew back to his home country. He left everything behind. Literally, everything. We only found out he left the country after we called one of his relative who my parent happen to know.

    What steps can we take to reposes his items including his car? We live in Sydney and there is also no way we can contact him.
     
  2. MRO

    MRO Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    247
    Location:
    Perth
    Gumtree and ebay work best. Car may be more difficult. *not legal advice*
     
    Michael Mitchell likes this.
  3. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    3,796
    Location:
    Qld
    Check the leglislation in your state.
    You must store abandoned possessions for a set time before disposing of them.

    However, since you can contact a relative, that person should be able to take care of collecting the items.

    You can’t just take the car. And without the correct paperwork, you won’t be able to sell it. You may need a court order to dispose of it.
    Marg
     
    Stoffo, JacM and Michael Mitchell like this.
  4. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    14,094
    Location:
    Sydney or NSW or Australia
    Property left must be dealt with in accordance with the lease and any act affecting abandoned goods.
     
  5. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

    Joined:
    18th Jun, 2015
    Posts:
    20,912
    Location:
    Remote
    What gives you a right to 'repossess' his property?
     
  6. MJS1034

    MJS1034 Well-Known Member

    Joined:
    28th Jun, 2015
    Posts:
    176
    Location:
    Sunshine Coast
    For leaving it in his property. Obviously not overly important to him if he’s left it there and gone to another country!
     
  7. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,989
    Location:
    Sid en e - olympic city

    You can't.

    You can do things to take property back and then deal with items as per the regs.

    Can be tricky, just did one like this, will depend exactly on what is left behind. The car will also depend on who actually owns it & you will run into a brick wall trying to find that out.
     
  8. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,989
    Location:
    Sid en e - olympic city
    If you take it your stealing it, you follow the regs and deal with it, it never becomes your property.

    If it is considered rubbish or of no worth.........
     
  9. Skinman

    Skinman Well-Known Member

    Joined:
    9th Jan, 2018
    Posts:
    204
    Location:
    Perth
    And of course I’m sure they didn’t take photos of the possessions they were leaving behind to prove it at a later date....
     
  10. marmot

    marmot Well-Known Member

    Joined:
    23rd Jan, 2018
    Posts:
    828
    Location:
    N.S.W , W.A
    Probably would also be a good idea to notify the police, in case any foul play is/was involved.
    We have heard of numerous cases where people have dissappeared and then others, including family members have tried to cover it up.
     
    JacM and Lindsay_W like this.
  11. meni

    meni Member

    Joined:
    22nd Apr, 2016
    Posts:
    6
    Location:
    Sydney
    This happened to me, and it was my very first IP & tenant. Once possession of IP was obtained following regulations, I had to store all possessions at my expense for 30 days. Be aware landlord insurance do not cover removalists or storage costs. Not the best experience to go through.
     
  12. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    3,691
    Location:
    Melbourne
    yep, you have to follow legislation ,and keep it for certain number of days, and in certain ways,

    its a stupid legislation, but it is the law

    im sure the usual people on here will tell me that it isnt stupid, and its not your right to deal with their possessions

    in a perfectly moral world, you should be able to dispose of it and put it towards cost of removing/cleaning, or put it in escrow (or whatever its called) and they have to pay for storage/associated costs before its released to them
     
    Last edited: 18th Dec, 2018
    KayTea likes this.
  13. neK

    neK Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,674
    Location:
    Sydney
    I have to wonder, can one put a clause into the rental contract where if a person has vacated the premises, any items will be deemed forfeited.
     
  14. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

    Joined:
    18th Jun, 2015
    Posts:
    20,912
    Location:
    Remote
    What if the person had a medical issue or an accident and was in a hospital in a coma for 4 weeks. Waking up to find all of their possessions have been stolen and sold?

    If you want to take possession of someone else's property you will need a order from a court or tribunal. The order will probably make you store it for 6 months or so before disposing of it.
     
  15. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    9,369
    Location:
    Sydney
    Not likely. A lease cant include terms that break laws. If goods are abandoned there are laws that must be followed.

    Goods left behind which adopts the view Terry had. In NSW the lease must have ended. Or a tribunal order is required unless you a certain the goods are abandoned. A verbal discussion alone would a huge risk as the family could ask for the goods later and you are non compliant.

    Abandoned goods and vehicles

    NSW Legislation
     
  16. neK

    neK Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,674
    Location:
    Sydney
    Its a little unfair that an owner of a property is required to cover the costs of storage with the onus on them to recoup the costs when its likely the person who abandoned the goods had no intention of returning.

    If only the government had a storage facility where I could place said goods with details of the tenant. Government could cover the costs of holding and resell within whatever period they choose.
     
    KayTea likes this.
  17. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

    Joined:
    18th Jun, 2015
    Posts:
    20,912
    Location:
    Remote
    the storage costs could come from the eventual sale of the goods perhaps.
     
  18. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    14,094
    Location:
    Sydney or NSW or Australia
    We need a responsible adult to take care of it not the gummint & some public servant (who will then want to live in the subsidised housing from NRAS MkII).
     
    Lindsay_W likes this.
  19. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    3,691
    Location:
    Melbourne
    thats bad luck,
    if I abandoned a car on a side street for a month, it would be removed and I would have to pay for associated costs in getting it out, and im sure eventually it would have gotten sold off

    during the meantime, if the person was selling the house, they are essentially losing potential rent/sales price, because of this abandoned bomb, other people are getting financially affected by it people have mortages to pay,
    why should they have to suffer without any recourse
     
    Last edited: 19th Dec, 2018
    TheRayTracer likes this.
  20. neK

    neK Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,674
    Location:
    Sydney
    You mean where the renter doesn't do a runner and leave their junk behind? haha
    If only the gummint took some ownership... those rules about having to keep their junk for X time would change pretty quickly. :p
     
    Michael Mitchell likes this.