What a Landlord Must Do if a Tenant Leaves Possessions Behind After Eviction

When a tenant is evicted from a rental property, it is not uncommon for them to leave behind personal belongings.

As a landlord, you might be unsure about your legal rights and obligations when dealing with abandoned goods. Legislation provides a framework to guide landlords through this process, most notably under the Torts (Interference with Goods) Act 1977. This legislation outlines the necessary steps a landlord must take to ensure they handle the tenant’s possessions lawfully and avoid any potential legal disputes.

Understanding the legislation

The Torts (Interference with Goods) Act 1977 regulates how individuals, including landlords, should handle goods that do not belong to them but are left in their possession. The primary aim of this law is to balance the landlord’s right to regain control of their property with the tenant’s right to recover their belongings. The key legal requirement under this Act is for the landlord to issue a Tort Notice, which serves as an official notice to the tenant about the fate of their abandoned goods.

Key Steps for Landlords to Follow

1. Reasonable Care of Goods

Upon discovering that a tenant has left belongings behind after eviction, the landlord is legally obliged to take reasonable care of these goods. This means safeguarding the items from damage, theft, or loss. However, this duty does not extend to indefinite storage. The landlord should not simply discard or sell the items without following the correct legal procedure.

2. Issuing a Tort Notice

A landlord must issue a Tort Notice before disposing of or selling the tenant’s goods. This notice informs the tenant that their possessions have been left behind and gives them the opportunity to reclaim their property. The notice should include:

– A description of the goods.

– The location where the goods are being kept.

– A deadline by which the tenant must collect the goods.

– A statement explaining what will happen to the goods if they are not collected within the specified time (i.e., sale or disposal).

The landlord must give the tenant a reasonable amount of time to collect their belongings. What constitutes a “reasonable” period will depend on the circumstances, but generally, it should be at least 14 days.

3. Reasonable Costs for Storage and Disposal

The landlord is entitled to recover any reasonable costs associated with storing and handling the tenant’s goods. This can include expenses incurred in safely storing the items or disposing of them if the tenant fails to collect them. The Tort Notice can inform the tenant that they are responsible for these costs before they can retrieve their possessions. However, the charges must be reasonable and justifiable.

4. Selling or Disposing of the Goods

If the tenant does not respond to the Tort Notice within the given time, the landlord may proceed to sell or dispose of the goods. If the items have value and are sold, any proceeds must first be used to cover the landlord’s costs (such as storage or auction fees). If there is any surplus from the sale, the balance must be held for the tenant. It is crucial to note that the landlord cannot keep the proceeds from the sale for personal gain without settling any outstanding amounts with the tenant. However, the landlord can use the proceeds to offset against any rent owed.

If the goods are of negligible value or perishable, the landlord may dispose of them without selling them, but this decision should be made cautiously, and a record of the condition and value of the items should be kept.

5. Reasonable Efforts to Contact the Tenant

Even though the tenant has been evicted, the landlord must make reasonable efforts to contact the tenant before disposing of the goods. This could include contacting the tenant through their last known address or via any emergency contact information provided. Additionally, if the landlord knows where the tenant has moved, they should send the Tort Notice to that new address. Failure to make such reasonable efforts could expose the landlord to legal action from the tenant.

Failure to Follow the Legal Process

If a landlord does not follow the proper legal procedure, they risk liability for damages. The tenant could potentially bring a claim against the landlord for “conversion” (the civil equivalent of theft), arguing that the landlord wrongfully interfered with their goods. This could result in financial penalties, where the landlord may be ordered to compensate the tenant for the value of the goods, regardless of their actual worth at the time of disposal.

Practical Tips for Landlords

To protect yourself from potential disputes or legal action, here are a few practical tips to keep in mind:

• Document everything: Keep a detailed inventory of the goods left behind and their condition. Photographs can be useful as evidence if a dispute arises.
• Store the goods safely: Even though the tenant has left, you remain responsible for their possessions until the issue is resolved. Consider renting a storage unit if necessary and keep receipts of any costs incurred.
• Consult a solicitor if unsure: If you are unsure about any aspect of the process, it is always advisable to seek legal advice to ensure you comply with the law.

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