Goods left behind in a NSW rental

Whose duty it is

NSW Fair Trading puts the process on landlords and agents. The law behind it is the Uncollected Goods Act 1995, which lets whoever holds the goods dispose of them once a certain time has passed. The owner of the goods stays responsible for them. If they do nothing to get them back, the goods may lawfully be sold or destroyed, as long as the proper processes are followed.

The Act applies where the owner and the person holding the goods have no agreement about disposal. Where there is one, the Act covers whatever the agreement leaves out. Besides residential tenancies, the page lists boarding houses, community schemes, holiday parks, residential land lease communities, retirement villages and strata schemes.

First, be sure the tenancy has ended

The tenancy must have ended before anything left behind is dealt with, and the landlord must be certain of it. Fair Trading says this is particularly important when neither side has given notice to end the agreement. A home can look abandoned while the tenant is on holiday, away for work or in hospital.

1. First Try to contact the tenant, check with the neighbours, or check with the tenant’s workplace.
2. If in doubt A landlord with any doubt that the home has been abandoned can apply to the NSW Civil and Administrative Tribunal (NCAT).
3. If there is no doubt No NCAT order is needed. The landlord can change the locks to secure the home and deal with what was left.

Five kinds of goods, four waits

As NSW Fair Trading’s page read on 9 October 2026.

Rubbish, perishables and personal documents each have their own rules, and everything else is sorted by what it is worth.

1. Straight away Rubbish and perishables need no notice and can go in any appropriate manner.
2. After 14 days Other goods worth less than $1,000 can go in any appropriate manner once the tenant has had 14 days’ verbal or written notice.
3. After 28 days Personal documents can be returned to whoever wrote them or securely destroyed, and other goods worth $1,000 to $20,000 can be sold at public auction or privately for a fair value, once the tenant has had 28 days’ written notice.
4. Only through the Tribunal Other goods worth over $20,000 cannot be disposed of without applying to the Tribunal; notice, timing and disposal follow its order.

What counts as a personal document

Personal documents may have little or no market value and still matter a great deal to their owner. The page’s examples include licences, references, bank books, passports, wills, medical records, and photographs and other personal memorabilia.

What a landlord may charge

A landlord cannot charge a former tenant an ‘occupation fee’ equal to the rent for each day goods stay on the premises after a residential tenancy ends. The only charges are the actual costs of removing, storing, maintaining, insuring and disposing of the goods, and nothing else is due.

When the tenant comes back

A former tenant, or anyone else with a legal interest in the goods, can reclaim them at any time while the landlord still has them. The landlord can ask for the actual costs of removing, storing, maintaining or insuring them, but cannot refuse to hand them back because rent or other money is owed.

If the landlord did not follow the required process, a tenant who comes back can apply to the Tribunal for compensation for damage to their belongings while the landlord had them. If the landlord did follow it and the tenant disputes paying the fees, the landlord can apply to the Tribunal for an order.

Before anything goes in the skip

Read down the list, the first things out of a NSW rental are rubbish and perishables. Personal documents and goods under $1,000 wait out their notice, goods from $1,000 to $20,000 are auctioned or sold for a fair value after theirs, and anything over $20,000 waits for the Tribunal.

NSW Fair Trading answers questions and helps with disputes about residential tenancies. Its page, listed below, links to its tenancy enquiries.