10:17 AM, 28th October 2024, About 3 weeks ago 10
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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.
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
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.
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.
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.
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.
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.
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.
To protect yourself from potential disputes or legal action, here are a few practical tips to keep in mind:
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Neilt
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Sign Up10:09 AM, 28th October 2024, About 3 weeks ago
Does this apply to goods left behind by a commercial property tenant? If not, what might be the correct procedure?
GAMESEND.
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Sign Up10:22 AM, 28th October 2024, About 3 weeks ago
If the tenant has no proffesional inventory of goods left behind then i would say its your word against theirs. The laws are there to help tenants not for landlords so use a bit of common sense.
Vibha Spal
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Sign Up10:49 AM, 28th October 2024, About 3 weeks ago
Any left items will be in the checkout inventory for the tenants and all to see what items they left behind.
I had a tenant who left a bike in the loft. It came to my attention when the workman was doing some work and alerted me. I said to bin it. It was a very good bike so the workman wanted it, saying it was a very good bike.
I said I shall let the tenant know.
The tenant's father got back and said he will collect it within 3 days, which he did. The tenants leave all sorts of things in the loft and wherever they can, most of these is clearly rubbish. I send them check out inventory and let them know to notify me if they wish any items to collect or throw them away.
The bins are usually full, even though I give them empty bins and tell them to leave as they find them at the beginning of the tenancy.
Northampton Landlord
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Sign Up11:13 AM, 28th October 2024, About 3 weeks ago
We had a tenant in 2002 who we thought had absconded.
He was being held "At HM's pleasure."
He had travelled over 90 miles to Court.
He had breached a Court Order regarding his ex-wife and was taken "down to the cells" direct from the Court.
We attempted to track him down with tracing agents, no luck.
He did not write to us whilst he was encaserated.
Another tenant some years later was "taken down" We bagged his clothes and stored them in the dry locked garage adjacent.
90 days later, whilst still trying to locate our former tenant (we applied for a Section 21 eviction to allow us to re-let the house and parking space.)
He rocked up demanding his clothes. He collected them. Signed a letter voluntarily surrendering the property. Then he drove off never to be seen again.
I felt annoyed.
Had we disposed of his goods he would not be able to go to job interviews or try to persuade some other landlord to rent him a place to stay.
Moral of the story:
1. Store everything until you are sure the tenant has vacated.
2 Always get them to surrender the property (and your keys).
3. Then change the locks.
Jill Church
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Sign Up11:28 AM, 28th October 2024, About 3 weeks ago
We were told we had to keep a tenants belongings for 3 months, because he was in arrears.
Vibha Spal
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Sign Up11:36 AM, 28th October 2024, About 3 weeks ago
The tenants should get free training from the government or so called charities like Shelter on how to be a tenant and be responsible for their belongings. However, a lot of tenants need the landlord to be their unpaid nannies as well. No responsibility towards themselves or their partners so how can they be expected to be looked after by PRS landlord. If they cannot understand basic requirements to be a tenant then it needs to be the government or Shelter responsibilities. Whr is Shelter for? Just to line their pockets in the name of charity and hide behind it.
We will see a lot of charities close down if they were forced to take tenants responsibilities but they are happy to dictate the PRS to do what they should be doing.
Julesgflawyer
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Sign Up11:40 AM, 28th October 2024, About 3 weeks ago
Reply to the comment left by Neilt at 28/10/2024 - 10:09
Same principles apply. But most decently drafted commercial leases will have a clause allowing the landlord to sell anything left behind as agent for the former tenant, and account to them for any balance after costs, arrears etc. Some residential tenancy agreements may have a similar clause.
Chris @ Possession Friend
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Sign Up17:10 PM, 28th October 2024, About 3 weeks ago
I've a very detailed article on this on my web site, including references to case law ( and yes, it applies to commercial properties. In fact, we have been consulted on considerable items left at commercial premises after a tenant vacated )
We receive many hits on this page ;
https://www.possessionfriend.uk/abandoned-goods/
Ron
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Sign Up13:59 PM, 29th October 2024, About 3 weeks ago
Reply to the comment left by Jill Church at 28/10/2024 - 11:28Remember that even if the tenant sued as this article suggests then with rent arrears you have a counterclaim.
Where there are rent arrears or damage you can bring a counterclaim.
Michael Crofts
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Sign Up9:43 AM, 2nd November 2024, About 3 weeks ago
My wording in my ASTs:
When the tenant vacates the premises she/he will leave them in a good, clean, tidy condition, and will remove everything which is not part of the premises as defined above, or listed on the inventory, or otherwise the property of the landlord. Anything which is left in the premises after the tenant has vacated may be removed by the landlord and sold, the proceeds of sale being paid to the owner after deducting the costs of removal, storage, advertising, sale, and the cost of disposing of anything which cannot be sold. For this purpose only the tenant agrees that the landlord will be the tenant’s agent.
I have never had to deal with anything substantial but if this ever happens I would also serve a notice under the 1977 Act, assuming I had a forwarding address.