What To Do When A Tenant Leaves Belongings Behind in the UK

It is not unusual for a tenant to leave some belongings behind in the property after vacating the premises. Particularly if there were difficult circumstances surrounding the end of the tenancy agreement.

Abandoned property can be very frustrating for a landlord as there may be costs associated with removing and storing these items as, legally, they do still belong to the tenant.

Landlords can charge a fee for the cost of removing the tenant’s possessions, and this may also include either disposal or storage costs. It can be difficult to extract this fee from the tenant, particularly when the eviction was for rent arrears.

Notwithstanding this, the landlord will find themselves in a difficult situation if they sell or dispose of a tenant’s possessions, and the tenant may bring a claim against them. This circumstance only tends to happen with items of higher value.

It is important that the tenancy agreement contains provisions for the removal of the tenant’s possessions so the landlord can clear the property. The landlord should be entitled to sell or otherwise dispose of the goods after a period of time stipulated in the contract.

If the contract is silent, landlords can dispose of tenant goods under the Torts (Interference with Goods) Act 1977, providing they comply with specific protocols:

• Send a letter to the tenant by recorded delivery telling them that you plan to dispose of their possessions
• Some tenants may avoid or refuse a recorded or registered letter. Personal service may be necessary.
• Include contact details so the tenant can get in touch to recover the items
• List the items accurately
• State the location where they are stored – they may still be on the property – and arrangements for access/collection
• The date of intended disposal or sale of the items

Tenants must be allowed a reasonable amount of time to collect their possessions. Typically, this is two to four weeks.

If the landlord does not have a contact address for their former tenant, they can sell or dispose of the goods, but they must demonstrate that they have made reasonable efforts to trace the tenant first.

A tracing agent is a good option; many work on a ‘no trace, no fee’ basis. A tracing agent will issue a report if they fail to find the tenant. This is usually sufficient protection against a later claim from the tenant, leaving the landlord free to sell or otherwise dispose of the tenant’s property.

The law states that the sale proceeds still belong to the tenant, but the landlord is allowed to deduct their costs. Reasonable expenses might include house clearance or a tracing agent’s fee, so they won’t be out of pocket.

A landlord is also entitled to use these funds to cover other sums that the tenant owes them.