A Tasmanian court has approved the sale of a homeless woman’s possessions, ruling she had effectively abandoned them – despite her insistence that she wanted to keep the items.
The Launceston Magistrates Court found the woman had relinquished her belongings after leaving them at her former Rocherlea rental property for more than six months.
Community Housing Ltd sought court approval to sell the items, estimated to be worth about $980, after the woman vacated the property in March.
In June, the woman told housing staff she wanted her belongings but had “nowhere to put them because she has nowhere to live”.
Although she mentioned being able to store the items with her son, no arrangements were made.
“The owner becomes an involuntary bailee of the goods with uncertain rights and obligations,” the magistrate said.
“Whatever her desire to be able to claim possession of the goods, as a matter of practical reality she cannot retain possession of the goods in her current circumstances.”
“There is no suggestion that will change within a reasonable period of time. It therefore looks like she will not be making any claim to the goods. They therefore appear to be abandoned.”
Under Tasmania’s Residential Tenancy Act, landlords must obtain court approval to sell abandoned goods above a prescribed value.
The magistrate said the law aimed to balance property owners’ rights with protections for tenants against unfair disposal of their belongings.
“It is unfair to burden the owner with responsibility for caring for those goods,” he said.
The woman retains the right to claim proceeds from the sale within six months, after any debts owed to the landlord are deducted.
