Notice of Proposed Sale of Tenant’s Left Behind Possessions (Commercial Property)
This Notice of Proposed Sale of Tenant’s Left Behind Possessions (Commercial Property) is designed to be used when a business tenant leaves items at a property after expiry of its lease.
In those circumstances, the law does not permit a landlord to assume that the tenant has abandoned the goods. The landlord may not sell or otherwise dispose of the goods, and has a legal duty not to deliberately or recklessly damage or destroy them.
Landlords will not wish to be burdened with keeping the goods indefinitely, especially if they take up space and prevent the property from being re-let. The Torts (Interference with Goods Act 1977 (“TIGA”) provides a special procedure whereby, once the landlord has sent a notice pursuant to Section 12 of TIGA to the tenant, the landlord has a right to sell the goods.
This Notice of Proposed Sale of Tenant’s Left Behind Possessions informs the tenant that the landlord proposes to sell the goods if the tenant does not collect them. If the tenant then fails to collect the goods, the landlord may then sell them, subject to the relevant provisions of TIGA.
We strongly recommend that before you make any use of this Notice you carefully read the Guidance note in this subfolder which explains when you can make use of the power of sale given by TIGA, and how to do so.
Further template notices are available for Residential Landlords. [Property Left Behind by Residential Tenants subfolder] and for various non-Landlord/Tenant scenarios [Sale of Uncollected or Abandoned Goods subfolder].
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Notice of Proposed Sale of Tenant’s Left Behind Possessions (Commercial Property) is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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