When a landlord recovers possession of their property, either through eviction or the tenant voluntarily vacating, they typically want the property back in the same state and condition that they let it out originally – clean and free of the tenant’s possessions.

Unfortunately, on occasion, tenants may leave possessions, furniture or goods behind in the property. What can a landlord do in this situation? Well unfortunately, as Will Bartley from our specialist Property Litigation Team explains, it is not as simple as just disposing of the goods.

The Torts (Interference with Goods) Act 1977

The Torts Act from 1977 applies to this very situation. It essentially governs what landlords can and cannot do with items/possessions/goods that tenants leave behind in the property. If the tenant leaves the property and expressly authorises in writing the landlord to dispose of any goods/items etc left behind, then the landlord can typically confidently act upon those instructions. However, this is rarely the case when items are left behind. Far more commonly, the tenant has either left without letting the landlord know (with possessions remaining in the property), or the tenant has been evicted by bailiffs before they have removed all of their possessions.

What can a landlord do with possessions left behind that the tenant has not authorised the landlord to dispose of?

The landlord in this situation essentially becomes an involuntary bailee. They have found themselves, without their consent or wish, in possession of another person’s items, and now have a responsibility over them. In this instance, the landlord can serve a Notice under Schedule 1 of the Torts (Interference with Goods) Act 1977, providing the former tenant with Notice that they have a reasonable period of time to come and collect the possessions. A description of what has been left behind, contact details for arranging access/collection, and the date by which to reply are all good practice. The Notice should be stuck to the main door to the property (take photos proving it is there), and a copy of the Notice emailed/sent to the tenant if possible.

What if the tenant does not reply to the Notice?

In the event that a landlord has complied with the requirements of the Notice, and the tenant has failed to reply, then the landlord may be entitled to sell the goods. The landlord should keep the proceeds of sale aside for the tenant to collect at a later date for a reasonable period of time. If the goods are not in a saleable condition, the landlord should undertake a full inventory of what is there, and take photos of the condition of the goods/possessions to prove at a later date if necessary that they had no value. The landlord may want to store the goods elsewhere to enable them to clear their property and re-let it to paying tenants.

What if I cannot locate the owner?

Where a Notice cannot be given as it is not possible to locate or identify the owner of the goods, then the landlord would look to argue that they have been rightfully abandoned and can therefore be disposed of. The landlord must make reasonable enquiries before reaching this conclusion (ensuring they are not owned by a third-party or rented/borrowed if they can), and should still undertake the same logging and photo evidence steps as mentioned above to protect themselves from a claim of unlawful disposal of goods at a later date.

Top tips for landlords:

1. The higher the value / amount of items left behind, the greater the responsibility on the landlord to ensure they are kept safe / a fair price is recovered for them;
2. Document all items left behind with proper itemised logging and photos;
3. Store the goods elsewhere if reasonable to enable the property to be re-let if the tenancy has been lawfully concluded;
4. Communicate with the owner of the goods/ex-tenant and try to resolve matters and provide access for collection;
5. Get specialist advice/assistance at the very start. Porter Dodson’s specialist Property Litigation Team would be happy to assist with the drafting of your Torts Act Notice.

Specialist Landlord and Tenant advice

Please note that advice in respect of Torts Act Notices and goods left behind at a property is very case-specific, and therefore the above is simply a guide as to the process. We recommend that you take specialist legal advice if you are a landlord and find yourself in possession of a tenant’s goods/possessions before taking any action to dispose of or sell them.

Please feel free to get in touch with our Property Litigation Department below.