For Landlords, of both commercial and residential premises, it is essential that rental voids are minimised and that properties are re-let as soon as possible following a tenant vacating. It is therefore problematic when tenants fail to remove all their possessions from a property at the end of the term of a lease or tenancy.
In such a situation, a landlord is not permitted simply to sell or dispose of the tenant’s property. Instead, the landlord has a duty not to deliberately or recklessly damage or destroy the goods, and not to sell or otherwise dispose of them. However, Section 12 of the Torts (Interference with Goods) Act 1977 provides a notice procedure which can be implemented to enable a landlord to lawfully sell or dispose of the tenant’s possessions.
Our new Property Left Behind by Tenants subfolders, which cater for commercial and residential premises respectively, contain Guidance Notes and template Notices which can be used to exercise the rights given by Section 12.
Guidance and template Notices relating to various non-Landlord/Tenant scenarios can be found in the new Sale of Uncollected or Abandoned Goods subfolder within our Business folder [ https://simply-docs.co.uk/Legal-and-Commercial-Agreements/Sale-of-Uncollected-or-Abandoned-Goods ].
The contents of this Newsletter are for reference purposes only and do not constitute
legal advice. Independent legal advice should be sought in relation to any specific