When a tenant vacates a rental property, they sometimes leave behind furniture, personal items, or rubbish. As a landlord, you can’t simply throw everything away immediately.
The law treats abandoned goods seriously, and you have certain obligations to avoid claims for loss or damage.
Our Property Litigation Lawyers outline the process landlords must follow when goods have been left behind.
The Torts (Interference with Goods) Act 1977 (The Torts Act 1977)
The Torts Act 1997 applies when a tenant has left items in a property.
This Act outlines the rights and responsibilities of landlords regarding items left by tenants. A notice should be served by the landlord to the tenant detailing a specified amount of time to collect the items.
This notice will also include contact details and a description of the goods.
The Act allows a landlord:
- To ensure that the tenant cannot claim compensation for items disposed of without following the correct process.
- To have a clear title to the items, as follows, the Act will ensure that the landlord will gain the right to dispose of or sell the items without risk.
- To have peace of mind, handling abandoned goods transparently helps avoid disputes, protects your reputation, and ensures compliance with the legislation.
Steps for a landlord to take after a tenant has vacated
1. Identify the goods.
- Document the goods and make a detailed inventory of what was left.
- Take photos or videos for evidence.
- Note the condition of the items.
2. Check the Tenancy Agreement
Some leases will contain clauses about what happens to abandoned goods. However, these don’t override the law, so the landlord must still follow the statutory rules.
3. Secure the items
- Store them safely (either in the property or elsewhere).
- Protect them from damage or theft — the landlord has a duty of care.
4. Issue a Notice to the former tenant
- Send a written notice (sometimes called a Torts Notice or Notice of Intention to Sell/Dispose of Goods) to the tenant’s last known address and any forwarding address provided.
- State where the goods are stored, how they can be collected, and by what deadline.
- Inform them that uncollected goods may be sold or disposed of.
5. Wait the required time
- Check the provisions of The Torts Act 1977
6. Dispose or sell the goods
7. Keep records.
- The landlord should keep copies of notices sent, proof of postage, and details of how they disposed of the goods.
- If anything is sold, the landlord should keep receipts and records of how proceeds were applied.
8. Obtain specialist advice at the very start to ensure that the process is followed correctly.
What if a landlord cannot locate the owner of the items?
If a landlord does not have an address for the former tenant or if a landlord does not know who the goods belong to, the landlord would have to argue that they have been abandoned and therefore can be disposed of.
The landlord must be able to satisfy that they have made reasonable enquiries before disposing of the goods, and the above process should still be followed, with the exception of the notice. Extra caution should be taken to ensure the goods do not belong to a third party or are rented.
The final point to take away is that it is very important that a landlord does not dispose of abandoned goods without following the correct procedure, as the landlord may be liable to pay compensation to the owner of the goods.
Need to serve a Torts Notice?
Our Property Litigation team can draft and serve notices, advise on your obligations, and protect you from tenant claims.
0161 941 4000
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Vikki Wright
Associate
Vikki has 2 years of experience acting as a Property Litigation solicitor. Vikki has specialist expertise in disputes under the Trusts of Land and Appointment of Trustees Act 1996, residential possession and commercial landlord and tenant disputes.
About Vikki Wright