Upon the sale of the abandoned property, the lessor has the right to recover the reasonable costs of disposing, storing and disposing of the property and the amounts earned under the lease [s7B]. The balance (if any) must be paid to the owner of the property, or if the identity and address of the owner are not known to the head of consumer affairs or are reasonably discovered by the owner. Court applications can be filed either in person, by mail or online on the sacate website. Where possible, applications are heard within two weeks and no later than six weeks after submission. The court has the power to issue mandatory orders on all aspects of leases. However, owners are required to submit the agreement in writing and keep a copy of the contract for 2 years after the lease is terminated. Only the owner can bear the cost of establishing a written agreement. Owners must provide each tenant with a copy of the contract when the contract is signed. The protection afforded by law to a licensee is much less than that of a tenant. The same applies to the owner or licensee, unlike a lessor. For example, a landlord who has difficulty recovering payment from a boarder or tenant or terminating a contract and distributing a boarder or tenant should take legal action. Most cases would be tried in the magistrate`s court based on the nature of the appeal. These cases will likely be tried under the common law if the court can take into account the intention of the parties, their agreement (verbal or written), the details of their agreement, evidence of control of the property, etc.
A boarder or tenant can rarely take legal action to prevent the owner or licensee from terminating and distributing the contract. In most cases, the only remedy is an action for damages, i.e. compensation for breach of the licence agreement. In accordance with section 80, paragraph 5, the court is expected to reinstate a lease, even if it is satisfied that it was effectively terminated if the court concludes that the reintroduction of the lease would be fair and equitable. A rental agreement does not need to be concluded in writing – it can be verbal or there is no explicit agreement.