What to Do If A Tenant Left Their Possessions Behind?
Although it only happens sometimes, landlords may find out that the previous tenants left some personal possessions on their Property after their tenancy ended. In most cases, these items have no serious value, but they are something you'd worry about handling. Do you have a responsibility to keep any of those uncollected items found on your Property? Let's find out more ahead:
What Does the Law Say?
As you can imagine, some laws cover such instances, so landlords are responsible for keeping the items safe if they are left behind. This may seem at odds with the idea of someone leaving them behind, but it is relatively rare and still part of the rental business's work.
When a tenant leaves their goods behind, either after a tenancy has ended or they abandon the Property, the landlord is considered an involuntary bailee, pending collection. In this case, the Torts (Interference with Goods) Act 1977 gives the tenant more protection, but it may also be used to help the landlord, assuming the appropriate action was logged and taken. Under the same act, the landlord may sell any goods left behind if they tried to track down the owner before doing it. If the former tenant is found, the landlord must issue a notice of their intention to get rid of the goods before they proceed. They also need to include the details of how the former tenant can collect said items and the storage and disposal costs that may be disclosed within that notice. The costs cannot start until the notice period has expired.
How Long Are You Required to Keep the Items?
Under the same act, landlords must keep possessions found on their Property for three months. The idea behind that act is to cover individuals who placed their possessions with others, such as keeping a valuable item with them for repair purposes. In such cases, charges may be made for the repairs of such goods. These charges may be deemed too expensive for the owner, so the act was brought in to give the owner time to obtain the funds needed to cover such costs. As a rule, you have about two weeks to have your notice recognised before you can legally dispose of the tenant's possessions.
Can Goods be Held In Case of Debts?
In most cases, no. Suppose a tenant does leave some possessions behind, all the while owning your money. In that case, you can use these proceedings in such a way as to pay the debts owed, assuming you have followed all possible procedures and exhausted all other possibilities. The law declares that you must also do all you can to get the best possible price for the leftover possessions, and you need to return any excess funds to the tenant once your debts have been cleared. Ensure you have all the pertinent documentation regarding the sale of goods, such as valuations you may have done on the items before you sell.
What if You Can't Track the Tenant Down?
If you can't locate the tenant after they left the items on your Property, you may dispose of them and sell them. You must take all possible measures to track down the tenant and keep accurate logs of what you attempted to do to stay compliant with the law. That way, you can avoid the unpleasant possibility of a lawsuit if things go sideways.
