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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42652
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My wife and I own a leasehold caravan park in Victoria. We

Customer Question

Hi, My name is Craig. My wife and I own a leasehold caravan park in Victoria. We recently terminated a Contractor we had engaged to manage the park, because of several breaches of the Agreement (which he has not contested). Even although his own house is now vacant, he is refusing to remove all his belongings from the park including belongings in the managers residence, unless we pay for them to be packed, removed and unpacked. In addition to breaching the Agreement, he owes us money for various items, so we refuse to pay for his belongings to be removed. We have appointed new Contractors to operate the park, but they cannot move into the managers residence, because of the situation. Can you please advise us as simply as possible, what action can be taken to have his belongings removed at his cost, expeditiously. Regards, Craig
Submitted: 1 year ago.
Category: Australia Law
Expert:  Jared Pereira replied 1 year ago.

Hi Craig, my name is ***** ***** I'm a Victorian solicitor. I'd be happy to answer your question. I assume the Agreement you had with the ex-contractor included living arrangements. He has now left but has refused to remove his belongings. What you can do depends on the type of goods left behind. Goods that are perishable or dangerous or have no monetary value can be disposed of immediately. Goods that are valuable need to be stored by you for 28 days and the tenant needs to be informed within 7 days of the storage, and he will only be able to collect the goods on reimbursement of your costs. You can contact consumer affairs victoria to do an inspection on the goods, and they can advise you what you can dispose of and what you need to do with the remainder of the goods. See here for details: https://www.consumer.vic.gov.au/housing-and-accommodation/renting/ending-a-lease-or-residency/goods-left-behind

I hope this has answered your question. If so, please click ACCEPT, and rate my answer. If not, please let me know and I can clarify. Regards, Jared.

Customer: replied 1 year ago.
Thanks Jared,
There was no lease over the managers house, merely an Agreement to occupy the managers house rent free, as part of the terms of the Agreement. His belongings are mainly household goods and and tools, in the tool shed. Given this is not a Residential Tenancies matter as he was not an employee, is storage the only option? Regards, Craig
Expert:  Jared Pereira replied 1 year ago.

Hi Craig, if it's not a tenancy agreement, that's good news. I would send him a letter telling him he needs to vacate and deliver vacant possession to you within a reasonable time (7 days), and failing which, you will take steps to dispose of the goods and send him a bill for your costs in disposing thereof. If you're comfortable sending me the Agreement, I am happy to have a look at it and confirm if you have any other rights. Regards, Jared.

Customer: replied 1 year ago.
prefer not to talk, just require a succinct answer please
Expert:  Jared Pereira replied 1 year ago.

Ok short version: based on the info you have provided, send him a letter. Tell him to get his stuff out within 7 days or you will dispose of it and claim the cost from him. Regards, Jared

Customer: replied 1 year ago.
Please provide the the legal advice about what legislation we are relying upon to do so, which is why we are using Just Answers. Advising to "dispose of it and claim the cost from him", is not sound advice in my mind.
Expert:  Jared Pereira replied 1 year ago.

Hi, common law and contracts. However, it seems you would be better served by another Expert, so I shall opt out. Good luck to you!

Customer: replied 1 year ago.
Not impressed...
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You may be able to dispose of them and the following link can assist

https://www.consumer.vic.gov.au/businesses/fair-trading/guarantees-warranties-and-refunds/uncollected-goods-and-vehicles/disposing-of-uncollected-goods/low-value-goods-and-vehicles

You will have to send him a letter advising that if hr fails to collect them you will have them removed.

I would suggest that not do it without a court order and make sure that you also get a cost order against him.

You should sue him for the breach of the agreement and seek the money he owes and as part of that application seek to have his items removed and given to charity and if there is any cost he should pay it.

Bu what ever you decide to do you will have to notify him. If you don't then the court will not be pleased with your actions.

I hope this makes sense and is of assistance.

Expert:  Leon replied 1 year ago.

Good Afternoon

I am not sure if you received the last post