Tenants’ possessions left behind? Here’s what landlords need to know

Dealing with left behind tenants’ possessions is one of the last things landlords want to experience when going through a void period, but unfortunately, it’s pretty common. It might be tempting to simply throw them away, but there are strict legal guidelines to follow.

This guide will highlight those legal responsibilities and showcase the best practices for handling a tenant’s left belongings after move-out.  We’ll also provide clear, actionable steps to help landlords manage the situation fairly and efficiently while protecting their own interests. We’ll include information on what happens if your tenant has left a car on your property.

Legal responsibilities when tenants’ possessions are left behind

Landlords must not immediately throw away a tenant’s left belongings, even if they appear to be low-value items. If the items are thrown away, the tenant has the right to make a claim against the landlord, which could result in lengthy and costly legal proceedings. 

On the other hand, landlords must not keep the tenant’s left belongings for themselves. They must take careful actions to ensure they remain compliant. 

Under the Torts (Interference with Goods) Act 1977, landlords must take good care of the tenant’s belongings and try their best to return them in the same condition they are found in. If that is not possible, the landlord must remove the belongings legitimately. 

Steps to undertake when a tenant has left belongings behind

Suppose new tenants have moved in already, or a landlord is renting out a house in multiple occupation (HMO). In that case, the landlord must leave the tenants’ left behind possessions in a safe place to oblige with other landlord responsibilities and regulations. The landlord can store them in the same property or in a separate location. There are then steps and options available to landlords.

Review the tenancy agreement

A well-drafted tenancy agreement should explain what to do if the tenant leaves their belongings behind. It’s worth double-checking this document, just in case there are certain actions you agreed to undertake upon finding a tenant’s possessions left behind.

Serve the tenant a notice

The landlord needs to give the tenant a notice about the left belongings. A landlord can serve a notice under Section 12, Section 13 and Schedule 1 of the Torts (Interference with Goods) Act 1977. 

This notice should be sent to the tenant’s current address (if known) and be located somewhere visible within the grounds of the property. For example, the landlord can place it in the window, which the tenant can see from the driveway. This is helpful if the tenant decides to come and collect the items.

The notice must explain the landlord’s intention to sell or dispose of the goods if they are not collected within a specified timeframe. The notice must describe the tenant’s left belongings, the location, and the location of the sale if that is the intended option. 

Tenants must be given at least 21 days’ notice, but the landlord is welcome to give longer than that period. 

Dispose of or sell tenants’ left behind possessions

If the tenant gives the all-clear and is happy for you to dispose of or sell the belongings left behind, then you can do so. It is important that you keep a record of this conversation in case the tenant changes their mind later down the line.

If the landlord has complied with their obligations under the Torts (Interference with Goods) Act 1977 and the tenant does not respond within a reasonable timeframe, the landlord may sell or dispose of the left-behind tenants’ possessions. 

Can a landlord keep the money from selling a tenant’s left belongings?

The money from the sale doesn’t go straight to the landlord. The landlord can deduct any fees they have incurred from selling or storing the items. The landlord can use the money from the sale if the tenant has debts to the landlord.

Landlords must return any remaining funds after deductions to the tenant, even if their whereabouts are unknown.  You must hold these funds for the tenant for a minimum of six years.

What happens if my tenant left their car on my property?

The headache grows if the item left behind is a car. This is because it will likely block access, be costly, or prevent future tenants from using the driveway or car parking space.

Despite this, the landlord cannot move it. However, under Section 55 of the Protection of Freedoms Act 2012, the police can remove cars from any private land (not just public roads) if parked illegally, obstructively, dangerously, or broken down. This can reduce the problem when a tenant has left a car on your property.

The local authority must determine if the vehicle is abandoned. They may issue a fixed penalty notice or pursue prosecution if deemed abandoned. The local authority can dispose of the car if it is only suitable for scrap or the car has no number plates. Otherwise, they must locate the owner and give them a 7-day written notice to get the car.

If attempts to reach the vehicle’s owner are unsuccessful, you can follow a process outlined in the Torts Interference with Goods Act 1977 to dispose of the vehicle. If the vehicle remains unclaimed for over 28 days after notice, you may hire a recovery company to remove it. You can sell it, though you must deduct costs and give the money to the owner.

Top tips for dealing with left behind tenants’ possessions

To manage tenants’ possessions left behind efficiently and avoid disputes, follow these tips:

• Document everything: When you discover tenant left belongings, create a detailed inventory and take photographs to record their condition. This documentation is critical if disputes arise over the value or state of tenants’ possessions left behind. 
• Communicate clearly: Attempt to contact the tenant through all available channels—email, phone, and written notices sent to their last known address. Clear communication demonstrates that you’ve made reasonable efforts to resolve the issue of the tenant’s left belongings.
• Seek legal advice: The laws surrounding left behind tenants’ possessions can be complex, especially for high-value items. Consulting a solicitor or property management professional ensures you’re compliant with regulations like the Torts (Interference with Goods) Act 1977 and avoids potential liability.
• Act reasonably: Always act in good faith when handling a tenant’s left belongings. Disposing without following legal procedures could lead to claims against you. For example, selling prematurely could result in financial penalties.

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