 Hello, welcome to the recording on what to do when a rental property has been abandoned and there's items left behind. My name is Lynne Smith from the Communication and Education team of the Residential Tenancies Authority. This session will look at what are the first signs when a rental property has been abandoned and as a manager or an owner, what are your first action steps to take? What are the options to terminate the tenancy? We're also going to have a look at what happens if the tenant has not abandoned and also the process to QCAT. For goods and documents left behind, we will look at what to do with personal documents and the role of the public trustee and when you can dispose of the goods. So let's firstly look at what is abandonment. It's when a tenant leaves the rental property permanently without ending the tenancy agreement. So there's been no notice issued to end the agreement and they've just packed up and left the premises. If a property manager or an owner believes on reasonable grounds, it has been abandoned. The agreement must formally be ended first before they can take possession of the property and deal with anything that's been left behind. So let's have a look at what those reasonable grounds might be and what are usually the first signs that the tenant has gone. They're most likely will be many factors to consider when assessing the situation. It's a case by case basis and each situation can be different. It could be any or multiple items in the list on your screen that are there your first signs to indicate on reasonable grounds that the tenant has gone. The rent has not been paid. You've made several attempts to contact the tenant without success. When you've driven past the property, the letterbox is overflowing, the grass is high, the house looks deserted. It could be a neighbour's come forward and advised you that they moved out last week. There's no household goods inside and the electricity's been disconnected. Again, these are just some of the potential signs that someone has gone. As best practice, it would be advisable to document the reasons and evidence as to why you believe the tenant has abandoned. Once you have established that you have reasonable grounds, that you believe the tenant's left the property, you then have your first action step that you need to take. First is to give 24 hours notice on an entry notice to enter the rental property on the grounds of abandonment. The entry notice can be downloaded from the RTA's website. This entry notice will allow you to enter the rental property and determine if the property has or has not been abandoned. Once you have entered and you see the signs that the tenant has gone, so as an example there's no furniture, there's rubbish left behind, everything's just gone. The neighbour's might have also confirmed that the tenant has left. So in these situations, you have two options. You can issue an abandonment notice giving seven days notice to formally end the tenancy agreement on the grounds of abandonment. An abandonment notice can be downloaded from the RTA's website. Or you can apply for an urgent application with QCAT to have the agreement terminated on the grounds of abandonment. The RTA recommends documenting your evidence and if there are any items left behind, you need to take photos and a full descriptive inventory. The option to terminate the tenancy is up to you. If you have no doubt and your evidence supports your decision, then you may choose the seven day notice process. If you do have some doubt, you could always go to the tribunal as an option, provide your evidence for a decision to be made by an adjudicator. Let's look at what happens if the tenant has not abandoned. So what happens when you enter and you find that the tenant is still potentially residing there? I haven't moved out, it looks like they've still got possessions there and they look like they're still living there. If there has been a breach of the agreement like not paying rent, you can issue a notice to remedy breach and follow that pathway as outlined in the legislation. If you have issued an abandonment notice and the tenant has come back and disputes this, the tenant will need to apply to the Queensland Civil and Administrative Tribunal within seven days to have the notice set aside. We would also recommend good open communication between both the property manager and owner and the tenant to work out what's happening with this particular tenancy. Remember, if the process has not been followed correctly or your evidence does not support the property being abandoned and why you've made that decision, the tenant may seek compensation at the tribunal. The Queensland Civil and Administrative Tribunal is QCAT. If you are seeking a termination order on the grounds of abandonment, this is an urgent application and you go directly to the tribunal. If you are seeking outstanding monies to cover cleaning or damages or you're seeking compensation, this is a non-urgent matter and you will be required to get a no-sub unresolved dispute from the RTA's dispute resolution service before applying to the tribunal. Information on this process is also on our website. You can go to QCAT's website, qcat.qld.gov.au and you'll find information on their process, the application forms and fees and where to lodge your application. So now let's have a look at what to do when there's goods and documents left behind. Queensland Tenancy Laws outline the process that you need to follow for abandonment and also if items have been left behind. Pedalties apply if you do not follow the process. The tenancy must end first before you can go in and deal with the next step of the items left behind. So as an example, if you have issued an abandonment notice given the seven days, once that notice has expired, the next day you can enter and change the locks, organise cleaning or trades people and then assess and address any items that's left behind in the property. So let's deal with the personal documentation first. If you do come across the tenant's personal documents such as your birth certificates, family photos or money, it needs to go to the public trustee. Anything like driver's licence, passports or Medicare cards, they need to go back to the government department that issues these items. Information on the location for your local public trustee office can be found on their website, pt.qld.gov.au. It is outlined in the Residential Tenancies and Room Incommodation Act that the public trustee must take these items, whether the tenant is a client of theirs or not. As I mentioned earlier, you cannot clean, you cannot change locks or remove any of the goods until the tenancy has ended. So let's look at what determines whether you can dispose of something or whether you need to follow a different process. So if the total market value of the goods is less than $1,500 or an amount that's listed in the regulations or the storage of the goods would be unhealthy or unsafe or would cause their market value to be completely or substantially reduced or the cost of removing, storing and selling the goods would be greater than the amount raised in the sale of goods. So one of the questions used asked is how do I determine the value? You need to do an inventory and photos of everything that's left in the property. So as an example, if there's some furniture left behind, you could go online to some of the marketplaces or local classifiers and see what similar furniture is going for or ask a second hand dealer to give you an estimate value. If you do find that there's an animal or a pet that's been left behind, please contact your local RSPCA and get assistance or contact your local vet. Remember, what might seem like rubbish to you and it may very well be, however, it may not be rubbish to someone else. It's best that you cross your T's and dot your I's with this one and have some evidence to back up your decision. So however, if the items do not fall into these categories, then another process must be followed and that includes storing the goods for one month, disposed of by auction, and this will include a notice promoting the auction day, time and place. The notice must be in the area where the goods are and you must give at least seven days notice for the auction. The costs of removal, storage and sale of the items can be taken from the money raised through the sale and any other money must be forwarded to the public trustee within 10 days of the sale. One question that always comes to play here is what about the renteries, cleaning or damage bills that might be outstanding after you've claimed the bond? Can't I just take the proceeds and be done with it? Well, not quite. There's another process to follow and in most situations you probably have already claimed the rental bond at the RTA. You'll need to put in a claim for money outstanding over the bond amount and that means you need to come through the RTA's dispute resolution service first, get a notice of unresolved dispute and then go off to QCAT. If you are seeking to get the proceeds money from the public trustee, you'll need to get the order from QCAT first before they will release any funds that they hold. The RTA's website has more information on this process. If during the process the tenant wants their goods, you cannot withhold them. You can ask the tenant to pay for storage and removal costs. Remember seeking any other money will need to be going through this process. Property managers and owners cannot seize goods or documents in exchange for rent owing. Theft of goods can be treated as a criminal matter and can be reported to the Queensland Police. So in summary, no one understand the process involved. If someone has abandoned the property, there are two options to terminate the tenancy on the grounds of abandonment, either an application to the tribunal or an abandonment notice. Remember having good documentation and evidence as to how you've reached this decision will help you should there be an issue. If any goods are left behind, take photos and document this. Assess the items to see if they meet the criteria where they can be disposed of or whether you will need to follow the storage and auction process. Remember owners and managers cannot seize goods in lieu of rent or damages. Abandonment and goods left behind can be a tricky situation. Make sure you follow the rules and have evidence to support the decisions that you are making. You can find out more information on the process on the RTA's website. Even if you're going through the either process, you can still continue to try and reach out to the tenant and try and resolve this situation. You can keep connected with us by subscribing to the RTA News and you can also link in with the RTA on LinkedIn. You can also listen to the RTA's podcast on various tenancy information topics through Spotify, Apple or Google podcast. Remember the RTA is here to help you and everyone involved in the tenancy. Our website has a lot of information, resources and forms available for you, along with the access to the RTA web services at rta.qld.gov.au. You can also call and speak with one of our friendly contact centre staff members on 1300 366 311. We're available Monday to Friday, 8.30am to 5pm. Thank you.