What to do if a tenant leaves belongings behind

There may be times, as a landlord, when a tenant moves out, and there are items left behind. This can be frustrating, especially if you are trying to get your property ready for property viewings. So, whether it is a TV or a pile of old clothes, there is a specific process that needs to be implemented to ensure your professionalism as a landlord if a tenant leaves belongings behind. 

You cannot throw a tenant’s belongings away in alignment with UK law, as this could result in a lawsuit for ‘conversion’, which is the civil equivalent of theft. Here, we’ll go through the legal procedure that needs to be implemented if a tenant moves out and leaves belongings behind, ensuring you stay compliant with the Torts (Interference with Goods) Act 1977.  

You are an involuntary bailee

As soon as a tenancy ends and there are items left behind on the premises, you will automatically become an involuntary bailee, meaning that you have a legal duty of care to make sure the items are kept safe. 

This means that you aren’t allowed to: 

• Deliberately or recklessly damage the items.
• Throw them away immediately.
• Keep them for your own use or for a new tenant.

If, for some reason, you decide to ignore this process, you could be sued by your former tenant for the full market value of the items, regardless of how much rent you are owed. 

Step 1: The inventory and photo trail

Your first port of call will be to collect evidence so that if a tenant claims that you have stolen any personal belongings from them, you have proof that you don’t have the items. 

1. Video walkthrough: Create a walkthrough video of your property, clearly showing that the items left behind by the tenants are in the same place they were left in. 
2. Itemised inventory: Make sure that you also create a list of all of the items left behind, and then create an itemised inventory. 
3. Condition report: Be sure to include any damage. 

Step 2: The section 12 notice 

You will need to serve a formal notice under Schedule 1 of the Torts (Interference with Goods) Act 1977, as this will inform the tenant that they have a legal obligation to fetch their personal belongings. 

Here’s what the notice should include

• Your name and address.
• A clear description of the goods.
• The address where the goods are currently held.
• A deadline for collection, typically 14 to 21 days, is considered reasonable.
• A statement of what will happen if they aren’t collected (e.g., they will be sold or disposed of).

How to serve the notice

You need to do everything in your power to get in touch with your former tenants. You can either send the notice via post, physically or digitally.  

Special categories

There are various categories that the tenants’ belongings will go under. Not all of these categories are treated equally under the law. 

• Perishables: Because food has an expiry date, it can be disposed of immediately, and you won’t need to wait for 21 days. Document it with a photo before binning it.
• Pets: If your former tenant moves out and leaves belongings, such as a pet, you will need to contact the RSPCA or your local animal warden as soon as possible. Never sell the pet. 
• Vehicles: If a former tenant has left a car at your property, you’ll need to perform a DVLA search to find the registered owner. The vehicle may be on finance and belong to a third party. 

Selling vs. disposing

If your former tenant has not come to collect their personal belongings, you’ll have two options to choose from – either sell the items or dispose of them.

When to sell

If the items have a significant resale value, you should attempt to sell them for a fair price. You are able to deduct your reasonable costs for storage and the cost of the sale from the proceeds. You are not allowed to keep the remaining profit. You will need to keep the balance for the tenant for a period of time (up to 6 years).

When to dispose

If, however, the items left behind by the tenants are of low value, broken, or would cost more to sell compared to what they are worth, you are able to dispose of them. You could also use a professional house clearance service and keep the receipt. This will also help provide a third-party record. 

Using the items to cover rent arrears

You are simply unable to keep a tenant’s laptop, for example, because they still owe you rent. But if you are able to sell the items, you could technically use the money made from this to set off the proceeds against the debt owed. This is in line with the section 12 process.  If the tenant ever decides to sue you for the money from the sale, you’d need to counterclaim for the rent arrears. Make sure you always keep the proceeds in a separate account until the debt is legally settled. 

Protecting your reputation and wallet

The main thing to keep in mind is to never react straight away in an attempt to clear the house to be able to get a new tenant in as quickly as possible. Instead, follow these steps highlighted above (document everything, provide a clear notice period), and you’ll be able to protect yourself from claims of unlawful interference. 

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