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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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