As Solicitors acting for several Landlords, one question that we frequently get asked is what happens when a Tenant has moved out but has left their own property, furniture and/or personal effects within the property.
Some may feel that if a Tenant has moved out of the property and left those items behind then they no longer want them and they can be disposed of as the Landlord sees fit. This is not correct and is a very dangerous and risky assumption.
The Torts (Interference with Goods) Act 1977 sets out the correct procedure by which Landlords can take steps to dispose of these goods.
Whilst it may appear unfair and unreasonable, a Landlord is under a legal obligation to take care of the Tenant’s possessions that have been left behind. Indeed, failure to do so can result in the Tenant being in a position to issue Court proceedings for unrecovered belongings and, potentially, damages in respect of unreturned items. It is, therefore, vital that Landlords are fully aware of their obligations and rights in respect of the Tenant’s property left behind.
Even if items appear to be worthless, any property left behind by a Tenant becomes the responsibility of the Landlord and care must be taken by the Landlord to protect themselves from the risk of the Tenant bringing a claim for damages at a future date.
The initial step, quite sensibly, is to provide the Tenant with formal written notice, giving them a set period of time within which to collect the items. Such notice must confirm that the Landlord intends to dispose of the items in question, confirm details on how to arrange collection of the same and specify the charges relating to storage and/or disposal of the items.
Be aware though that if the Tenant fails to contact you within that notice period and you then take steps to sell any of the items left behind, the proceeds of that sale are the Tenant’s. Whilst those proceeds of sale may be applied against any rent arrears or other debts on the property owed to the Landlord, the balance of any such sale proceeds belongs to the Tenant.
In essence, if you find yourself in the situation where a Tenant has vacated a property that has left items behind, tread very carefully to ensure that you are not later the subject of proceedings brought by the Tenant. Obtaining the professional advice of a Solicitor is strongly advised and will give you peace of mind in respect of any future risk.