Can I dispose of property my tenant left
behind?
It's not an uncommon scenario: your tenant moves out, hands over
the keys, but when you go to check over the property in preparation
for your new tenants, they’ve left a pile of their stuff behind.
What do you do?
Unfortunately, even if it looks like rubbish, it's not alright
just to dump it. You'll need your tenant's permission first. The
slightly better news is that you are allowed to remove the items
from your property and store them, so at least you can get on with
re-letting the flat.
You really need to get hold of the tenant and get their
permission to dispose of the goods. You should get this in writing
rather than just verbally. If you can't reach them by informal
means, you should write to them by recorded delivery, asking them
to collect the goods within a reasonable period (say within 4
weeks), and giving your contact details and details of the goods
and where they are held. You can advise them in this same letter
that if the goods are not collected, you will sell or dispose of
them. Keep a copy of the letter and the recorded delivery slip so
you can prove you've tried to contact them.
If you don't have a forwarding address (and you should always
try to get a forwarding address!), you still need to be able to
show that you've made reasonable efforts to trace the tenant before
you're allowed to dispose of the goods. Tracing agents offer
"no-find, no-fee" arrangements and might be your best option in
this case.
And if you go through all this and still can't contact them, you
still have a duty to dispose of the goods in the most advantageous
way possible. If they have any value, you should sell rather than
dump them; any monies raised would, strictly speaking, be the
tenant's, though you would be entitled to deduct any costs
associated with the sale (e.g. auctioneer's or eBay fees,
advertising costs). Again, keep a record of what was done in case
the tenant later turns up demanding their goods - it does
happen!
If you want to read that in legalese, the relevent legislation
is Torts (Interference with Goods) Act 1977, section 12.
For more tips and advice for landlords, check out
our blog and follow @AvoidTheVoids on
Twitter.