What to do when your tenant vacates but leaves belongings behind
Sometimes when a tenant vacates or abandons a property, or has been evicted, they leave behind items belonging to them. The landlord, be it of a commercial or residential property, must act carefully in relation to these items to ensure that they do not inadvertently break the law.
In these circumstances the landlord has become what is known as an involuntary bailee.
A bailee is a person or entity who has lawful possession of goods belonging to someone else. This relationship, known as bailment, commonly arises in everyday situations—such as storage, repairs, transport, or tenancy. As mentioned above, in rental property contexts, bailment can occur when a landlord takes possession of a tenant’s goods after the tenancy ends.
Bailment and Tenancies
In a residential or commercial tenancy, once a tenant leaves personal belongings behind, the landlord may become an involuntary bailee. Although the landlord does not own the goods, they have control over them and therefore owe certain duties under bailment principles.
At common law, a bailee must:
- Take reasonable care of the goods
- Not deliberately damage or interfere with them
- Not convert them (i.e., treat them as their own)
- Follow proper legal procedures before disposal
Failing to do so can expose the bailee to liability in tort, particularly for negligence or conversion.
Torts and Interference with Goods
In England and Wales, disputes involving wrongful interference with goods are governed by the Torts (Interference with Goods) Act 1977. This Act modernised the law relating to conversion and wrongful detention and provides statutory protection for bailees in certain circumstances.
Under the Act, a bailee (including a landlord) who wishes to dispose of goods left behind must give proper notice to the owner. This is often referred to as a “Torts Act notice.”
What Is a Torts Act Notice for Tenants?
A Torts Act notice is a formal written notice sent to a former tenant when goods have been left at the property. Its purpose is to:
- Inform the tenant that their goods remain at the premises
- State where and how the goods are being stored
- Require collection within a specified reasonable time
- Warn that the goods may be sold or disposed of if not collected
- Explain that reasonable storage and sale costs may be deducted
The notice protects the landlord by demonstrating compliance with statutory requirements before disposing of the goods. Without proper notice, a landlord risks a claim for conversion, which could result in damages equal to the value of the goods.
Practical Importance
For landlords, issuing a compliant Torts Act notice:
- Reduces legal risk
- Creates documentary evidence of reasonable conduct
- Provides a lawful pathway to dispose of uncollected items
For tenants, it safeguards their property rights by ensuring they are given a fair opportunity to recover their belongings.
What to do when items are not collected?
In the event that the landlord has served a valid Torts Act notice and given a specific timeframe for the items to be collected but the items remain at the property, the Landlord is able to appropriately dispose of the items.
Before doing so an inventory of the items should be made and photographs taken. Then any items of no value can be securely disposed of, if this includes sensitive data then papers should be shredded or computers and other devices professionally wiped of all information. Proof should be retained of such disposal. Items which are just rubbish can be thrown away and anything else of value can be sold for a reasonable price. All proofs of sale should be kept, as should invoices for disposal or clearance in the event that the landlord has an opportunity to charge these sums to the tenant.
Conclusion
Bailees occupy a legally sensitive position because they control property they do not own. In tenancy situations, landlords who become involuntary bailees must balance practical concerns with legal obligations. The use of a properly drafted Torts Act notice under the Torts (Interference with Goods) Act 1977 ensures that both property rights and statutory duties are respected, reducing the risk of costly tort claims.
