Your tenant has gone, but not their property

Upon a tenant's departure and the landlord's re-possession of a property, the expectation is often to find the premises in good order. However, it is not uncommon to discover that while no significant damage has occurred, the property is not entirely vacant. This situation can be a significant source of stress for landlords eager to prepare their property for re-letting.

Instances of tenants leaving behind refuse and unwanted items, particularly after an eviction, are frequent. While much of this can be disposed of as general waste, a specific dilemma arises concerning a tenant's personal belongings, such as clothing, electrical appliances, furniture, and sometimes even pets. It is crucial for landlords to understand the stringent legal obligations governing the handling of a tenant's personal items left within a rental property. Therefore, before considering any direct disposal or sale, it is imperative to be aware of the relevant legal framework.

Legal Provisions Regarding Abandoned Items

Goods, legally termed "chattels," left within a rental property are protected under the Torts (Interference with Goods) Act 1977. This legislation stipulates that immediate disposal of these items is prohibited, even if it presents the most convenient solution. Any items left by a tenant remain their property; consequently, their removal without adhering to the proper legal procedure is considered unlawful and could lead to legal repercussions for the landlord. As landlords are naturally motivated to prepare the property for new tenants expeditiously, this situation often presents a considerable challenge. The Kingston Group specialises in navigating these complexities, offering expert assistance to relieve landlords of the burden of managing abandoned possessions in strict compliance with legal requirements.

The Torts (Interference with Goods) Act 1977 delineates the rights and responsibilities of both the landlord and the tenant in such circumstances. Before proceeding, it is important to define two key legal terms:

* Involuntary bailee: This refers to the landlord, who has assumed possession of unwanted items without prior agreement, and whose primary objective is to clear the property for re-letting.

* Bailor: This refers to the tenant who left the items behind.

It is permissible to dispose of any goods left behind, or to sell them if they hold commercial value, provided a strict protocol is observed. Landlords are obligated to exercise due care in the management of any uncollected goods. This means the landlord assumes responsibility for these items and must dispose of them appropriately if they do not wish to retain them. Goods must be stored securely until reasonable steps have been undertaken to trace the tenant. Storage can be within the rental property itself or at an alternative secure location, such as a garage, shed, dedicated storage facility, or a spare room belonging to the landlord. The Kingston Group offers comprehensive services for the secure removal, inventory, and storage of abandoned items, ensuring adherence to legal requirements and mitigating potential liabilities for the landlord.

Serving a Schedule 1 Notice.

Landlords are legally required to issue a notice to the tenant, in accordance with Schedule 1 of the Torts (Interference with Goods) Act 1977, indicating their intention to dispose of any goods left within the property. This notice should be dispatched to the tenant’s last known address and also affixed to the property itself, in the event the tenant returns to retrieve their belongings. It is advisable to display the notice prominently, for example, on the inside of a window adjacent to the front door, ensuring clear visibility should the tenant revisit the premises. The Kingston Group can manage the entire process of drafting and serving Schedule 1 Notices, ensuring all legal requirements are met and providing documented proof of dispatch.

The notice must include the following information:

* The current location of the goods.

* If a sale is intended, the location of the sale.

* A clear statement that any sale and storage costs will be deducted from the proceeds of any sale.

* A comprehensive list of all items being stored.

Notices must be sent via recorded delivery to provide proof of dispatch.

Required Notice Period

It is customary to provide the tenant with 21 days' notice to collect their goods, although landlords may opt to offer a longer period.

If a forwarding address for the tenant is unavailable, the landlord must undertake reasonable steps to establish contact. This may involve contacting known friends or family members, or reaching out via social media if details are accessible. Another viable option is to engage a tracing company on a "no-find, no-fee" basis. Such companies have access to official databases and are typically more effective in locating former tenants. The cost of this service is generally moderate and can be recouped from the proceeds of any sale of the tenant's belongings, should they remain unclaimed. Failure to take reasonable steps to contact a former tenant could expose the landlord to civil action if the tenant subsequently alleges unlawful sale or damage to their property. The Kingston Group can assist landlords in undertaking these reasonable steps to trace former tenants, leveraging their expertise to minimize the risk of future legal disputes.

Conditions for Selling Unclaimed Belongings

If direct contact is established with the tenant and they grant explicit permission for the disposal or sale of their items, the landlord may proceed. In such cases, it is crucial to maintain a record of the conversation to prevent future claims of unlawful sale or disposal by the tenant.

If contact with the tenant cannot be established, or if explicit permission is not granted, the bailee (landlord) may proceed with the sale of uncollected goods under the following conditions:

* The tenant has failed to collect their goods within the period specified in the Schedule 1 Notice (typically 21 days).

* The landlord has been unable to contact the tenant due to the absence of a forwarding address, and all reasonable attempts to locate them have been unsuccessful.

Cost Recovery from Sale of Belongings

The storage and eventual sale of a tenant's abandoned items will likely incur expenses. Initially, these costs are borne by the landlord. However, following the sale, the landlord is entitled to deduct reasonable sale and storage fees from the proceeds. The Kingston Group can facilitate the sale of abandoned items on behalf of the landlord, expertly managing the process to ensure legitimate costs are recovered.

Distribution of Sale Proceeds

The proceeds derived from the sale of uncollected goods are not retained solely by the landlord. A proper accounting of the funds is required.

The landlord should first deduct all incurred costs (including storage and sale fees). Any outstanding debts owed by the tenant to the landlord can then be deducted from the remaining balance. Any surplus funds must be remitted to the tenant, even if the tenant remains untraceable. These funds must be held by the landlord for the tenant for a minimum period of 6 years. In practical terms, unless the abandoned items are of significant value, it is improbable that a substantial residual amount will remain after the deduction of costs and outstanding debts. The Kingston Group provides meticulous accounting services for the proceeds of sale, ensuring transparent and legally compliant financial reconciliation.

Handling Abandoned Pets

Regrettably, some tenants abandon their pets along with their other possessions. Depending on the type of animal and the circumstances of the tenancy's conclusion, this can range from a minor inconvenience to a severe issue, now it’s plain to understand that discovering a hamster cage is vastly different from encountering a large boa constrictor in a bathtub. While the Kingston Group does not directly handle animals, they can advise landlords on the appropriate steps and contacts for animal welfare organisations, ensuring a responsible approach to this sensitive issue.

Please note that the following advice is applicable only if the landlord has followed the correct legal procedures for eviction, or if the tenant has formally given notice and vacated the property on the stipulated date. If a tenant has moved out but left pets behind without a court order or a notice to quit, the tenancy may technically still be in effect, potentially restricting access to the property. If the tenant is still attending to their pets, legal advice should be sought. Otherwise, contacting the RSPCA to report a case of animal cruelty is advisable.

Pets cannot be left unattended in the property for any significant duration, as they require regular feeding, watering, and toileting (where applicable). Unattended animals may also cause damage to the property.

For larger animals such as cats and dogs, it is recommended to contact the RSPCA, the Cats Protection League, or a local animal welfare charity. These organisations will typically arrange for the animal's collection and care, and may also initiate legal action against the tenant for abandonment. Smaller animals, including hamsters, rabbits, or fish, may be temporarily fostered if a suitable caretaker is available. Landlords may wish to retain such pets until certainty regarding the tenant's intention to reclaim them is established. If this is impractical, contacting the RSPCA for guidance or collection arrangements is advised.

Preventing Issues with Abandoned Belongings

Proactive measures are always preferable to reactive solutions.

* Emergency Contact Details: Prior to establishing a tenancy agreement, it is prudent to request contact details for a family member or friend of the prospective tenant. This facilitates easier communication should items be left behind at the conclusion of the tenancy or following an eviction.

* Tenancy Agreement Clause: Ensure the tenancy agreement includes a clear clause stating that items left behind will be disposed of or sold after a period of 21 days.

* Check-out Inspection: Do not forgo the check-out inspection on the day the tenants are scheduled to vacate. If a significant volume of belongings remains, confirm the tenant's intention to remove them and reiterate the consequences of non-compliance.

* Tenant Referencing: Implementing a robust tenant referencing system can significantly mitigate such problems. If a tenant has a history of similar issues with previous landlords, it is a reasonable assumption that the pattern may recur.

By partnering with the Kingston Group, landlords can significantly reduce the stress and legal complexities associated with abandoned tenant possessions. Their expertise ensures full compliance with the Torts (Interference with Goods) Act 1977, allowing landlords to efficiently manage property turnover and focus on their core business.

Have you encountered situations involving abandoned personal items or pets? We would be keen to hear your experiences.