Goods left behind

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As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019. This factsheet outlines the law in NSW about goods left behind on rented premises. There are rules about how the landlord may dispose of goods you leave behind – and what notice they need to give you before disposal. The Residential Tenancies Act 2010 no longer regulates goods left behind. The Uncollected Goods Act 1995 sets out the process that a landlord/agent must follow when dealing with goods left behind including how they may dispose of them.

The landlord may dispose of goods left behind

If you leave goods behind on the premises at the end of your tenancy, the landlord/agent may dispose of them after giving you correct notice.

The end of your tenancy means you have given the landlord vacant possession of the premises (you have moved out and returned the keys).

The rules about goods left behind also apply if you have been evicted or abandoned the premises (e.g. you stop paying rent and leave without notice to the landlord).

Is notice required to dispose of goods?

The landlord/agent may dispose of perishable goods or rubbish left behind at any time without notice.

The landlord/agent must give you notice when they intend to dispose of:

Personal documents
Low, medium, or high value goods

Personal documents include:

a birth certificate, passport or other identity document
bank books, financial statements or documents
photographs and other personal memorabilia
licences or other documents conferring authorities, rights or qualifications.

What is correct notice of disposal?

The landlord/agent must give you notice that your goods or documents will be disposed of unless you claim them. The form and period of notice varies depending on the value of the goods. See the table below for details.

Keeping records of goods

Landlords must make detailed records of goods disposed of except perishable goods or rubbish. See the table below for how long records have to be kept.

Goods type	Notice form	Notice time	Disposal	Records kept
Perishable & rubbish	Nil	Nil	Yes	No
Low value: Less than $1K	Oral	14 days	Appropriate manner	Yes – 12 months
Medium value: $1K to less than $20K	Writing	28 days	Public auction or private sale	Yes – 6 years
High value: $20K and over	Notice will be the Notice of Hearing from the Tribunal		Per Tribunal orders only	Yes – 6 years
Personal documents	Writing	28 days	To issuer or secure disposal	Yes – 6 years

Claiming goods before disposal

You (or another person entitled to them) may collect the goods from the landlord/agent at a time you both agree to.

Write to the landlord/agent as soon as possible to claim the goods and to arrange a time to collect them. Make sure the landlord/agent has up-to-date contact details for you. Include times and dates when you are available and give the landlord/agent a date by which to respond. It is also a good idea to state that the goods have value.

Ensure that you are available to collect the goods at the arranged time and have the means to do so.

In situations of domestic violence, it may be possible to get a police escort to retrieve goods left behind – get advice from a service such as Women’s Legal Service NSW.

Charges for uncollected goods

Motor vehicles

Money from sale of goods

Disputes about goods left behind

Landlords and tenants can apply to the NSW Civil and Administrative Tribunal (NCAT) about goods left behind. The Tribunal can make various orders about: