What to Do When a Tenant Leaves Belongings Behind?

As a landlord, the moment you reclaim your rental property from a former tenant can be filled with surprises. Upon entering, instead of an empty space ready for new occupants, you are greeted by remnants of the previous tenant’s life, such as clothes, electronics, furniture, rubbish and sometimes, unexpectedly, even pets. 

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. For any specific advice, contact Helix Law expert property litigation solicitors, today. 

What Does the Law Say About a Tenant’s Abandoned Items?

When tenants move out and leave their belongings behind, those items still legally belong to them. According to the Torts (Interference with Goods) Act 1977, landlords don’t have the right to just toss out these items. They must handle them carefully and follow specific legal steps before disposing of them. 

This law helps protect the tenant’s property rights, ensuring their possessions 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. It should also notify the tenant of the intent to sell the items if they are not claimed within a specified period, typically 21 days.

What To Do When a Tenant Leaves Their Belongings Behind

Now that you understand that you cannot simply get rid of the leftover belongings of the tenants, it’s important to understand what you should do if you ever find yourself in such a situation: 

Serve the Tenant a Schedule 1 Notice To Remove Items From the Property

You must first attempt to give the tenant a chance to reclaim their belongings. It involves issuing a Schedule 1 Notice, which should specify your name and address, the items left behind, their location, and your intent to sell the items if they are not claimed within a specified period, typically 21 days. This notice should be sent to the tenant’s last known address and securely posted at the property. You might also text or email it to them if you have those contact details. e 

Reasonable Efforts to Contact the Tenant 

If you don’t have the tenant’s current address, the law requires you to make reasonable efforts to locate them. This could involve contacting known associates, checking social media, or using a tracing service. Costs incurred in these efforts can often be recouped from the sale of the abandoned items if the tenant does not claim them.

Secure Storage of Abandoned Items

While you attempt to contact the tenant or wait for them to collect their belongings, it’s your responsibility to store the items securely. You should keep these items in a safe place, such as a locked storage area or room, where they will not be damaged or tampered with. It ensures that the items remain in good condition should the tenant come to collect them or if they need to be sold.

Sale of Unclaimed Belongings

If the tenant fails to collect their belongings after the period stated in the Schedule 1 Notice, you may proceed to sell the items. The serving of a notice under s12 or the securing of a court order under s13 will trigger the right to sell. Proceeds from the sale should first cover any costs related to the storage and sale of the items, and any leftover funds should be held for the tenant. 

As you manage left-behind belongings, proceed cautiously and always stay informed about the required legal steps. If ever in doubt about the proper steps to take or how to proceed legally, it’s wise to consult with legal professionals. 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 process for notifying tenants, the storage of belongings, and the conditions under which items may be sold or disposed of. 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’s the ideal time to verify with tenants what they intend 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. Ensure you document your efforts to contact them and store the 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 from 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. Clear terms in the lease agreement, thorough check-out inspections, and good communication with tenants can mitigate the risks associated with abandoned property.

For those who find this process daunting or encounter complex scenarios, seeking legal advice is advisable. Helix Law’s team of expert property litigation solicitors are ready to assist you with any concerns or legal matters related to tenant possessions. Whether you need help drafting a Schedule 1 Notice, are navigating through the eviction process, or have done so and are now considering sale of unclaimed belongings, our team is happy to help you.