Templates to Deal with Property Left Behind by Residential Tenants
When a tenant leaves belongings behind at a property, landlords must follow a strict legal process before disposing of them. Failure to follow the correct legal process may result in:
- claims for damages by the tenant;
- disputes relating to wrongful disposal of goods; and
- potential financial liability for the value of the items.
What Does The Law Require?
Under the Torts (Interference with Goods) Act 1977, landlords must not deliberately or negligently damage, sell, or dispose of a tenant's goods without first following the correct legal procedure, as explained in the guidance notes.
The landlord must serve a Notice of Sale of Residential Tenant’s Goods on the tenant and allow a reasonable opportunity for the tenant to collect their belongings.
If the correct procedure is followed, landlords may be entitled to lawfully sell or dispose of the goods.
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Frequently Asked Questions
Landlords must take reasonable care of any goods left behind and follow the correct procedure before disposing of them. This includes serving written notice describing the items, providing an address where they can be collected, allowing a reasonable period of time for collection, and explaining what may happen if the goods are not collected. Landlords should keep records of all correspondence, notices and evidence of service. Goods should only be sold or disposed of once the required steps have been completed.
There is no fixed period set out in the Act. You must allow a reasonable time for the tenant to collect their belongings, taking into account factors such as the type and nature of the goods, whether the tenant can be contacted, and the circumstances in which the items were left behind. Set a clear deadline in the notice and keep the goods safely until it passes. Acting too quickly is the main risk, so allow a genuinely reasonable period.