Sale of Uncollected or Abandoned Goods Templates
This subfolder contains various template forms of notice which can be used to exercise the rights given by Section 12 of the Torts (Interference with Goods) Act 1977.
Section 12 provides a procedure which you can implement to enable you lawfully to sell or dispose of any type of goods owned by a customer who has failed to collect them after you have provided it with services relating to the goods.
The subfolder includes a Guidance Note about the use of these notices and it also explains how and when Section 12 comes into play.
Where a tenant has left any of his goods at premises after his lease/tenancy agreement has expired, and the landlord wishes to sell or dispose of those goods, see the equivalent forms of Notice and Guidance Notes in our Property folder.
These Sale of Uncollected or Abandoned Goods documents are part of the Business folder. Access all Business documents for £38.50+VAT.
Sale of Uncollected or Abandoned Goods Templates is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
A customer left goods with me after a repair or service and will not collect them. Can I sell or dispose of them? +
Often yes, but you must follow a legal procedure. Section 12 of the Torts (Interference with Goods) Act 1977 lets you, as the bailee, sell or dispose of goods a customer has failed to collect after you provided services relating to them, once you have given the correct notice. You cannot simply keep the goods or throw them away. This subfolder provides the notices and a guidance note for doing it lawfully.
What notice do I have to give before selling uncollected goods? +
A written notice that identifies you and your address, describes the goods and where they are held, states they are ready for collection and sets out any amount the customer owes, requiring them to collect the goods. If they still do not collect, you give a further notice of your intention to sell. The notices must follow the Act's requirements, which these templates and the guidance note are built around.
If I sell a customer's uncollected goods, can I keep the money? +
Only what you are owed. Under the Act you may deduct the costs of sale and any amount the customer owed you, but you must account to the customer for the balance of the proceeds. You should also sell by the best method reasonably available rather than dispose of the goods cheaply. Keep records of the sale and the sums deducted. The guidance note explains how to account properly.
How long do I have to wait before selling uncollected goods? +
The notice must give the customer a reasonable period to collect before you sell, and any period stated in your contract or the notice must be honoured. The Act does not fix one universal period, so allow a clear, reasonable time and be able to show you did. Selling too soon risks a claim for wrongful interference. The guidance note and notices help you set a defensible timescale.
A former tenant left goods on my premises. Do I use these notices? +
Not these ones. These notices are for a business that provided services relating to goods, such as a repairer or cleaner, where the customer has not collected them. Where a tenant leaves goods after a lease or tenancy ends and the landlord wants to sell or dispose of them, different forms of notice and guidance apply, and those are in the Property folder. Use the set that matches your situation.
