Tenants’ Belongings & Torts (Interference with Goods)
Landlords occasionally face situations where tenants leave behind personal belongings as a result of tenants abandoning the property or merely leaving behind their possessions once they have left the property. It is a common misconception that landlords can simply sell or dispose of these items without first taking the correct steps. The tenancy agreement may contain a clause which states the time-frame within which any belongings left at the property may be sold or disposed of.
However, some contracts are silent on this point, therefore the landlord will be required to default to The Torts (Interference with Goods) Act 1977[1] that governs the proper handling of such goods. Landlords must adhere to the provisions outlined in this Act when managing any abandoned tenant belongings. This legislation provides statutory guidance, and failure to comply can result in landlords being held liable for damages.
The key sections under this Act are 12 and 13 which address uncollected goods. The sections grant the former tenant, and/or another third-party owner, a specified reasonable period to collect their goods as stipulated in the notice. The notice is sent by a landlord pursuant to section 12(1) and (2), seeking to impose an obligation on a former tenant to collect belongings left at the premises after the end of the tenancy. T he notice also contains optional wording to enable the landlord simultaneously to give notice of its intention to sell uncollected goods under section 12(3) of the TIGA 1977.
Serving such a notice might assist in showing that the former tenant has abandoned the goods, where they fail to respond and if the former tenant later claims that the goods had not been abandoned, following the procedure under the TIGA 1977 might afford the landlord a defence to a claim for conversion and assist the landlord in demonstrating that they had acted reasonably.
The notice must include contact details, a description of the goods, and a reasonable period within which the bailor (tenant) must collect their belongings. Once a landlord has fulfilled their duty, but the tenant fails to respond within the reasonable period, the landlord is authorised to sell the goods. depending on their condition. It is not uncommon, however, for landlords to deduct other sums, such as:
Rent or service charge arrears.
The costs of storing the items before sale
It is important to ensure that the correct procedures are followed when dealing with belongings that are left in a rental property as failure to do so could result in the tenant pursuing the landlord for damages.
[1] Torts (Interference with Goods) Act 1977
Sophie Darlow - Intern and Susie Crolla