Tenant Rubbish

A tenant has moved out but left some of their belongings on the landlord’s property. Unsure of what to do next? From this moment onwards, landlord actions have to follow law and must stand up to scrutiny …. The tenant can still make a claim against the landlord for damages!

It’s still the Tenant’s property. As soon as the landlord notices the items left behind, he’ll have a pretty good idea of whether it was left as rubbish or simply forgotten. DO NOT be tempted to throw any of this away, sell it or neglect the issue. Everything still legally belongs to the tenant and they retain rightful ownership – even after they’ve left it behind. If the landlord throws away any items and they hold value, the landlord is liable for damages.

However, the landlord may be able to charge the tenant for the cost of clearing the property and possibly any storage afterwards. Be sure to follow the right procedures for these.

Thankfully, some legal backing exists under the Torts (Interference with Goods) Act 1977 allows the landlord to dispose of any belongings left behind, on the condition that they follow a specific course of action first.

A written letter is the best place to start. It is recommended that a recorded delivery letter be sent so that a guarantee exist that the tenant receives it. It should be explained in the letter that the landlord wishes to dispose/sell the items. The landlord must inform the tenant on how to contact him to retrieve the items should they want to retrieve the items. As well as this, a detailed description of the items, where they are being stored and when the items will be sold or disposed of. The tenant should be allowed enough time to take preventative measures.

What If the Tenant’s New Address is Unknown?

The landlord needs to be able to prove that he made a reasonable attempt to get in touch with the tenant. A tracing agent to track down the tenant’s new address can be employed. In any event, keep records that states the tenant couldn’t be located.

Unfortunately, if some of the items are sold, the money is actually not the landlords to keep. Thankfully, if there have been any charges or costs incurred throughout the process, then the landlord can reimburse himself.

However, in the case of a court ordered eviction, circumstances are different. Court ordered evictions general stipulate a period by which the tenant must vacate the property, for example, 24 hours from the hearing, with the order that all remaining belongings of the tenant left on the property be placed at the curb after the grace period. Once placed at the curb, the belongings are no longer the responsibility of the landlord.