What to do when a tenant leaves behind belongings?
As a landlord, you may be in for a few surprises when you reclaim the rental property from an ex-tenant.
While it may seem easy to dispose of these items, there are specific legal guidelines that must be followed when dealing with a tenant’s left-behind possessions.
While discarding these items might seem straightforward, specific legal guidelines must be followed when dealing with a tenant’s left-behind possessions.
So, before you consider selling off these items or hauling them to the dump, reading and understanding this article presented by Helix Law is crucial. Helix Law’s property litigation experts are available to provide you with any advice. Contact them today. What Does the Law Say about a Tenant’s Abandoned Item?
When tenants leave behind their belongings, they still own them legally. According to the Torts (Interference with Goods Act 1977), landlords do not have the right just to throw these items away. They must dispose of them in a legal manner and with care. This law protects the tenant’s rights to their property and ensures that they are respected. If a landlord skips these steps, they could be legally liable for unlawfully interfering meddling with the tenant’s belongings.
The Torts (Interference With Goods) Act 1977
According to the Torts (Interference with Goods) Act 1977, landlords must first make reasonable efforts to contact the tenant and return the items. This involves issuing a Schedule 1 Notice, which should:
detail the items left behind and their location
specify the name and address of the person holding the items, and
- n. You should know what to do when a tenant leaves their belongings behind. It involves sending a Schedule 1 notice, which should include your name and your address, the items that were left behind, where they are located, and your intention to sell them if not claimed within a certain period, usually 21 days. This notice should be sent securely posted to the property and sent to the tenant’s last known home address. If you have their contact information, you can also send them a text or an email. e
- Reasonable efforts to contact the Tenant
- If the tenant does not have a current address, you must make reasonable attempts to locate them. You can do this by contacting friends, checking social media or using a tracking service. The costs incurred by these efforts can be recovered from the sale of abandoned items if tenants do not claim them. Keep these items in a secure place, like a locked room or storage area, where they won’t be damaged. Sale of Unclaimed Belongings
If a tenant does not collect their belongings within the time frame stated in the Schedule 1 notice, you can proceed to sell them. The right to sell is triggered by the service of a notice in accordance with s12, or the receipt of a court order in accordance with s13. The proceeds from the sale must first cover all costs associated with the storage and sale of items. Any remaining funds should be held by the tenant. As you manage the left-behind items, proceed with caution and stay informed of all legal requirements. It’s always a good idea to consult a lawyer if you have any questions about the legal steps to take. This proactive approach can help prevent disputes and ensure the situation is handled smoothly and professionally.
How Much Notice Do You Need To Give the Tenant?
Giving the tenant a 21-day notice period to collect their belongings is standard, though you’re free to extend this period if necessary. If the tenant’s contact information is unavailable, landlords should take reasonable steps to locate them, potentially using social media or a tracing service.
Preventing Problems With Abandoned Belongings
To prevent issues related to abandoned belongings, landlords should clearly outline the procedures for handling left-behind items in the tenancy agreement. This includes the notification process, the storage of belongings and the conditions in which items can be sold or disposed. Creating a detailed inventory of left items, including photographs, and securely storing them until all legal obligations are met can also prevent disputes.
Apart from this, landlords can use the following useful tips if they ever fall into a situation of abandonment of property by the tenant:
Landlords should collect contact information for a close relative or friend of the tenant at the start of the tenancy. This extra contact can prove crucial if items are left behind or if the tenant needs to be reached urgently after moving out.
Conducting a meticulous check-out inspection is equally important. It is the perfect time to ask tenants what they plan to take with them. Any items they plan to leave behind can be addressed immediately, reminding them of the consequences outlined in the lease.
Frequently Asked Questions
Can I Sell the Tenant’s Unclaimed Belongings?
Yes, you can sell a tenant’s unclaimed belongings if you have adequately notified them with a Schedule 1 Notice and they fail to collect their items within the specified period, typically 21 days. Document your efforts to contact the tenant and store their items securely.
Who Pays the Costs of Selling a Tenant’s Belongings?
The landlord initially covers the costs associated with storing and selling a tenant’s unclaimed belongings. These costs can be deducted by the sale proceeds. If the proceeds exceed the costs, the balance should be kept for the tenant for a specified period, ensuring compliance with legal requirements regarding abandoned property.
Final Thoughts
Landlords must stay informed and organised to prevent potential legal issues and ensure smooth property management. The risks of abandoned property can be mitigated by a clear lease agreement, thorough inspections and good communication between tenants. Helix Law’s team of property litigation solicitors is ready to help you with any concerns and legal matters related to tenants possessions. Our team is here to assist you, whether you need assistance with drafting a Schedule 1 notice, are navigating the eviction procedure, or have already done so and now are considering selling unclaimed belongings.
