What should I do if a Tenant leaves their belongings behind when they vacate the rented property?
Unfortunately it is not as easy as simply clearing the property. You should first see what has been left behind and it is always worth taking photographs of each room as evidence of what has been left.
The Torts (Interference with Goods) Act 1977 sets out what must happen when dealing with another person’s goods. If you do not comply with the Act you could find yourself with a claim against you for damaging, destroying, withholding, or misusing someone else’s property without permission.
One of the most important mechanisms within this Act is the Notice of Intention to Dispose of Goods which is often referred to as a Torts Notice.
A Torts Notice protects both parties by giving the owner fair warning and a chance to retrieve their goods and protects the person in possession from a claim if the goods are eventually sold or disposed of.
Step One – The Torts Notice
A Torts Notice is a formal written notice given by a person or business, such as a landlord, who is in possession of someone else’s goods. The purpose of the notice is to inform the owner that they must collect their property within a specified period, or it may be sold or disposed of.
Torts Notices are typically used in situations such as:
- A landlord clearing out belongings left behind by a former tenant;
- A mechanic or garage holding onto a car after repairs are completed but unpaid;
- A storage company seeking to dispose of abandoned goods.
Step Two – the Legal Requirements
Under the Act, the person issuing the notice must:
- Take reasonable steps to locate and notify the owner;
- Clearly state that the goods will be disposed of if not collected; and
- Allow a reasonable time for the owner to respond or retrieve the goods.
If you fail to follow these steps it could result in a claim being made against you for damages or legal action by the goods’ owner.
Step Three – what do I do?
Make an inventory of the items left behind, especially items of a higher value, take photographs showing what is in each room and to prove the condition of those higher value items. Prepare the Torts Notice and arrange for a copy to be served on the former tenant and also posted to the rental property concerned ensuring a copy can be viewed from the exterior of the property.
Conclusion
A Torts Notice is a safeguard whether you’re a landlord, business owner, or storage provider, ensuring you use a Torts notice properly can help protect you from unnecessary claims.
For advice and assistance with the preparation of a Torts Notice contact our property disputes consultant Caroline Knowles-Ley on caroline.knowles-ley@cognitivelaw.co.uk or call Caroline on 01243 943203.