Scenario 6: You (or a housemate) moved out and left things behind
This scenario could apply to you if:
(A) You move out of a tenancy and leave some goods behind with your landlord/property manager;
(B) You move out of a share house and leave some goods behind with your old housemates;
(C) A housemate moves out and leaves some goods behind with you.
The person who left the goods behind is the ‘depositor,’ and the person who has possession of the goods is the ‘receiver.’
A receiver isn’t usually allowed to dispose of the goods right away. The Uncollected Goods Act 1995 (NSW) (Uncollected Goods Act) states that unless the goods are perishable or rubbish, the receiver needs to give the depositor a certain amount of notice before they dispose of the goods.
The amount of notice depends on how valuable the goods are—see the table below for more information:
Type of goods | Notice period | Notice requirements |
Low value uncollected goods (value of $0–$1000) | 14 days | Can be oral or written |
Medium value uncollected goods (value of $1000–$20,000) | 28 days | Must be written |
High value uncollected goods (value of $20,000+) | Indefinite — but the person in possession of the goods may make an application to the Tribunal for an order specifying that the goods may be disposed of. The penalty for disposing of high value goods in any manner other than in accordance with an order of the Tribunal is 200 penalty units (at of 2023 this is $22,000). | |
Personal documents (birth certificates, drivers licences, etc, as well as personal memorabilia like family photos) | 28 days | Must be written |
Perishable goods and rubbish | N/A | No notice required |
The notice period starts counting from the day the depositor is given notice to collect the goods, not from the day they move out. Once the notice period is up, the receiver can dispose of or sell the goods.
If the receiver sells the goods, they must sell them for a ‘fair value’ and give the depositor the proceeds of the sale. However, the receiver can deduct any expenses they incurred from having to store the goods during the notice period.
If the receiver can’t sell the goods, or if the costs of storing the goods during the notice period exceed the proceeds of the sale, then the receiver can recover their costs in court.
In addition to the oral/written requirements in the last column of the table, a notice under the Uncollected Goods Act must have the following features:
- The receiver’s name,
- A description of the goods,
- An address where the goods may be collected,
- A statement of the relevant charges due to the receiver in respect of the goods,
- A statement that, on or after a specified date, the goods will be disposed of unless they are first collected and the relevant charges are paid, and
- If applicable, a statement that the person will retain, out of the proceeds of sale of the goods, an amount not exceeding the relevant charges.
An email or an online message (via Facebook, WhatsApp, etc.) does count as ‘written notice’ for the purposes of the Uncollected Goods Act.