Tenants Abandoned Goods - The Torts (Interference with Goods) Act 1977

What to do in the event of a tenant leaving behind their goods and items at the end of a tenancy.

Problems can arise for a landlord or agent if a tenant has left a property, and cannot be contacted but has left some of their possessions behind at the property they have been renting. The Torts (Interference with Goods) Act 1977 is the legislation relating to uncollected consumer goods.

Landlords should include a clause in the tenancy agreement detailing the steps that can be taken by the agent of the landlord if goods are left behind by tenants, which would include details of a time frame when the tenants goods will be considered abandoned. A notification that the agent or landlord will write to the ex-tenant at the last address they were given to advise them that unless the items are collected within a set time they will be disposed of. The proceeds of the sale would be forwarded to the tenant after reasonable expenses relating to the disposal have been deducted.

If there is no clause in the tenancy agreement stating the above the tenant's possession cannot be disposed of. The landlord therefore will have to pay for removal and storage of items and subsequently arrange for their legal disposal.

Procedure for a landlord to take if tenant's goods have been left at the property.

• The landlord should make certain the tenancy has ended and the goods are definitely abandoned, if not the landlord could be in breach of the Protection from Eviction Act 1977
• Ensure every effort is made to contact the tenant through addresses or contacts given in their original application, through their work or by writing to their bank requesting they forward a letter if they know of their new address.
• If you manage to trace the tenant a formal letter advising them that they have a set time in which to collect their goods, otherwise the items will be disposed of and any proceeds of sale passed to them once expenses have been deducted.

Unclaimed Tenant's Goods

If the tenant cannot be traced and the goods remain unclaimed for three months, the goods can be sold and the buyer will have the legal title to them. Any proceeds from sale can be used to expenses of storing and selling the goods or towards any rent arrears or other costs incurred by any breach under the tenancy.

Any money left over at the end of this process will belong to the ex tenant and may be claimed by them for a period of up to six years.

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