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Thread: Property left behind after settlement

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    Default Property left behind after settlement

    I purchased a property mid-January and after 2 weeks of delays in settlement the owner finely vacated.

    While collecting the keys the agent informed me the owner ran out of time moving out and there is some stuff in the garage that would be collected promptly.

    On the 1st weekend the owner collected 1 large item and said that he would be back for the rest. That was nearly 8 weeks ago.

    What do I do with his stuff?

    Load it up in the trailer and down to the tip , gumtree


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    SS Dave



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    In the case of a tenant, you need to give them, or attempt to give them, 14 days notice to remove their property.

    After that if they don't respond, you are free to dispose of it how you wish.

    I don't know how it works with ownership of a property.

    Perhaps do the same... notify the previous owner with 14 days notice to remove all his property or you will dispose of it and that he shall be liable for any costs incurred by you in doing so.

    Best to get legal advice for your area... one of the free 'ask a lawyer a question' places could probably set you straight, if you don't have a solicitor (perhaps you do, after just completing a settlement) or even the agent, or fair trading/consumer affairs.

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    Was the property supposed to be vacant possession? Did the agent allow you to do a prior inspection before getting the keys, did the agent tell you prior to collecting the keys that previous owners property was still stored there? you are well within your rights to contact the owner of the property and inform them you are going to charge a storage fee, and that they have 21 days to collect the property or you will dispose of it

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    Read your contract. It probably has a clause dealing with this situation. Last house I bought, the contract stated that anything left behind became mine after sven days.

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    8 weeks is more than long enough , contact the guy and ask him for an honest answer on what he wants done with the stuff. Maybe there are genuine circumstances , maybe he is using you as free storage.

    ive bought and sold many houses = once the house has settled you have zero legal obligations to do anything else for the seller.

    as for the rental property scenario , i make it quite clear that any stuff left behind after the key return will be disposed of , ASAP. Yeah the law says 21 days storage , yadda yadda but I have yet to see any case where an owner has been prosecuted for disposal. Its just the same as trying to prosecute tenants for damage and back payments , it doesnt happen , the Tribunals are just pissweak pen pushers. If a tenant is capable of moving stuff in , then they are capable of moving stuff out!!!

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    This might be worth considering when renting out a property by including a notice that any property left on the premises (depending on any Law) will be disposed off after a specific period (you set the time) and any costs incurred will be sought after from the tenant.
    I stand unequivicably behind everything I say , I just dont ever remember saying it !!

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    There is a set procedure to follow so you need legal advice on that - notices etc that you put up have no legal standing.

    Years ago a tenant left a house of mine and left a lot of stuff - not being aware of the issues I contacted the ex tenant and advised him he had 4 weeks to collect or I would dispose of the stuff. No response so after about 3 months got rid of it - 4 months later the tenant came to collect the stuff which had been disposed of. Shortly after I got a call from a neighbour that the police had been at the property looking for me as they had a complaint that I had stolen ex tenants gear at the house. I rang the police and the ex tenant had reported me for stealing his stuff. I explained the situation and the police determined that as it was a civil dispute rather than a criminal dispute (police have no powers in a civil dispute) that they would take no action - the ex tenant decided not to sue me for the goods but they could have, and may have won.

    It was a long time ago but I should have formally advised the tenant in writing to remove the goods by a certain date. If not collected, I then had to store the items for 3 months (costs could be recovered) - if still not collected I then had to put a notice in the news paper relevant for the area that the good were going to be disposed of by a certain date - if all followed and no response then you only then can you legally dispose of the goods. If at any stage the tenant indicated they would collect but doesn't, then the process starts over again.

    Still got the nice extendable aluminum ladder that the ex tenant set the cops onto me about. The ex tenant never asked me for it (which I would have given him).
    Last edited by garrycol; 15-03-18 at 11:57 AM.

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    I believe in NSW at least that when a tenant moved away and left anything behind, it remained their property and could not be removed by the home owner.
    I am not sure if the Home owner could even go to court to get it removed but I believe the Laws were amended and now provides for such instances which as the home owner, you need to be aware of.
    I may not have worded it clearly but what I meant was a notice, If Allowed by Law, could be included in the Tenancy agreement setting out the disposal of any property left by the tenant after they have vacated the premises.
    Unless its prohibited by Law, I cant see why as the owner you dont have the right to set conditions regarding the rent/lease of your property in a matter like this.
    I stand unequivicably behind everything I say , I just dont ever remember saying it !!

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    Quote Originally Posted by garrycol View Post
    There is a set procedure to follow
    Yep, and I would be following it exactly to the law.

    It then saves any problems should the other party want to carry on.

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    ive been through this multiple times , rental contracts do state all that stuff you guys have mentioned about storing and disposing goods etc. The contract ALSO states that the premises are to be left in a clean and tidy condition. Leaving anything behind breeches that condition.
    If tenants dont leave the place in a clean a tidy condition then there is no way that a tribunal will enforce an order for collection of "dumped" goods.

    I went through this again not long ago- A tenant left loads of stuff behind claiming it was not his and it belonged to his relatives / friends whatever. everything from dead cars to mowers , bikes , clothes , the works. I took it to the tribunal , he was the only one mentioned on the lease and he told them the stuff wasnt his , so I lost that one . I also took him to the CCC separately for the cleanup costs. The tribunal found that he was responsible for the $5000 clean up cost but didnt make an order as he had no ability to pay. poor freaking pussy cat.

    then a couple of weeks later he comes after me with the police wanting return of one car he left behind ( a 1972 Torana ). I showed police the tribunal findings showing that he stated he was not the car's owner !! so if he wasnt the car's owner and it was sitting on my property i had every right to dispose of it. what a dikkhead. Of course i never once mentioned that i had sold all the stuff he left behind weeks ago , including the Torana!!

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    That's a bit rude with him 'Allowing' others to deposit their items at the property and then being able to claim he wasnt responsible for it being left there and couldnt be claimed against to clean it up.
    I think I would be seeking Legal advise for a notation to be included on the agreement clearly stating any items left behind are deemed to be the Renters as they have accepted the responsibility of the items being placed there.
    Also included would be the notice that the renter is prohibited from allowing others to store or leave anything there without your (Owner/Agents) permission to do so.

    Here I was thinking of how a Financial Institution wants a higher interest rate if you borrow to buy a property then rent it out, so why cant this be applied to a Renter who allows others to 'use the land', whether they charge or not?
    I stand unequivicably behind everything I say , I just dont ever remember saying it !!

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    Hi All

    Thanks for you reply's the selling agent has been in touch with the previous owner. Apparently he has tried to collect his stuff but i have not been home if it was me i would have left a note to call.

    We will see if he fronts up next week to collect his motor bike parts,tools,gym equipment,55 inch plasma tv.

    SS Dave

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    This is an inconvenience you should not be put through and I believe the previous owner is totally responsible to make every effort to contact you to make suitable arrangement.
    When my Daughter moved house one time, I asked the incoming tenants could they please put aside any Mail for her and we would arrange to collect it which they did for the next 2 weeks.
    However, dont stop pushing the previous owner to remove their property as it could be claimed that if you dont, your giving them permission to leave it there.
    I stand unequivicably behind everything I say , I just dont ever remember saying it !!

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    It did shock me a bit that he claims he has tried to collect his stuff as I thought he was moving interstate.
    He also told me that a mail redirect was setup as well but I have returned to sender plenty of mail from banks(1 of is the bank the money from the sale went to) as well as other bills.

    As for rentals.
    The house I moved out of the agent on the final inspection was asking why I had not removed some metal items from behind the garage until I offered to show time and date stamped pictures of the items the day I got the keys.
    I have always left the places I rented in the same if not better condition than when I moved in.
    In one place 1/3 of the doors had holes or very bad attempts to repair them from someone with anger management issues which I fixed and repainted along with other repairs that I could have got the agent to get done.
    I only ever got a comment on the biannual inspection for dust in the window tracks from one agent that only lasted with that agency for 6 months.


    SS Dave
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    Mail redirects work 'MAYBE' but are not helped when a business was advised the person they were chasing (unpaid loan) had long gone and despite Mail returned, phone calls to the Company, they still kept sending Mial to the previous tenant.
    They even went so far as to send a Collector who wasnt totally convinced My Daughter wasnt the Debtor even after being shown Rent receipts in her name for that address.
    This mail kept comming long after the normal One Mail notice for redirection had expired so APO delivered as was required of them to the address shown.
    I stand unequivicably behind everything I say , I just dont ever remember saying it !!

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