Former Tenant's Belongings
Introduction
Work and Families Bill passed by The House of Lords
In the vast majority of cases tenants will leave items behind when they leave a premises. These items may often be no more than rubbish but sometimes they may leave items that may have some value. In those cases the Landlord is therefore left with the often difficult task of deciding how to deal with them. Unfortunately, the law does not provide clear guidelines and therefore you as Landlord need to take a view.
This note is intended to assist you in formulating a policy on how to deal with such items. However, you must be aware that there may be some circumstances where the strict application of that policy may not be suitable.
The Legal Position
When a tenant leaves goods behind when they vacate a premises, these goods remain the property of the former tenant. They do not become the property of the Landlord.
Where goods have been left behind, in law the Landlord automatically becomes an involuntary "bailee" of those goods (a role similar to that of a trustee). As such, the Landlord is limited in what it can do with the items. You cannot simply sell the tenant's goods to cover any unpaid rent or pay for any damage which the tenant has caused without exposing yourself to the risk of a claim. That would be a breach of your obligations as bailee, in addition to purporting to sell something which you did not own. If you were to dispose of such items, you may face a claim for trespass to the goods (which in practice would be for the value of the items sold) from the tenant owner.
The safest way for you to dispose of items remaining at the premises and discharge your duty as bailee is to apply for a court order under the Torts (Interference with Goods) Act 1977. The court would usually make an order allowing you to sell the remaining goods. If you could prove that you have done all you can to locate the former tenant and can also prove that the goods are of no value, the court may even be willing to make an order allowing you to simply dispose of the goods.
This is even though the Act does not give express jurisdiction to the Court to make such an order.
The legal position is different where it is clear that goods left at the premises have been abandoned by the tenant. Defining "abandonment" is extremely difficult. Some items are more likely to be deemed abandoned than others. For example, food left in the fridge will in all probability be abandoned but the distinction is not always that obvious. Larger goods such as sofas or wardrobes may deliberately be left at the property because the removal costs are greater than the cost of replacing the item, or the former tenant may still intend to take them with him/her. The Landlord must exercise caution when deciding if goods have been abandoned.
The Practical Position
In light of the extent to which the facts of each case affect the legal position of the parties it is very difficult to provide universal guidance on how to deal with a former tenant's belongings.
It is not going to be possible or practical for the Landlord to seek a court order each time a tenant leaves goods behind when they leave a premises. All the Landlord can do is to take steps to try to minimise the risk of a claim if the goods are disposed of.
1. Have the goods been abandoned?
Look at the nature and the quality of the goods. A lump of cheese and a pint of milk left in the fridge, a half used tube of toothpaste in a bathroom or last weeks' copy of the television guide are in all probability abandoned. For other items the Landlord needs to take a view.
2. Consider the value of the goods
A collection of crockery is unlikely to have been abandoned. A wardrobe full of clean clothes is unlikely to have been abandoned..
If the Landlord believes that the goods may not have been abandoned, the value of the goods then needs to be assessed and weighed against the cost of applying to the court for an order for sale or disposal and the risk of proceedings being brought against you.
For example, a tenant leaves a small pine coffee table which you are fairly sure was purchased from a well known Scandinavian furniture retailer for around £20.00. In such circumstances, the Association may decide to dispose of the item, considering that the cost of obtaining a court order would far outweigh the value of any claim by the tenant owner.
However, there may be cases where the value of the item is less clear. In such circumstances there are further steps which the Association should take to attempt to protect themselves.
3. Take photographs
If a tenant claims at court they had an original Chippendale dining table, it is going to assist your case enormously if you can produce a number of photographs taken of the self-build MDF table. An ideal would be if the Landlord's representatives always had a camera with them to take photographs to show the nature and condition of any items left at the property.
4. Obtain professional valuations
There may be cases where the Landlord really is uncertain as to the value of an item. The antique looking bed may be a modern reproduction or it may be authentic and worth a small fortune. If there is any doubt, the Association may consider obtaining valuations from professional experts.
5. Contact the former tenant
In cases where there is the slightest doubt as to whether goods of some potential value have been abandoned, reasonable steps should be taken to try to contact the former tenants. A court may require you to show that you have taken steps to contact the former tenant at their place of work or at their parents, for example. The higher the value of the item, the more you may be required to do.
Steps to be taken prior to the commencement of the tenancy
There are steps which the Association can take prior to the commencement of the tenancy which may assist them to deal with tenant's belongings at the end of the tenancy.
1. Take contact details
If possible, obtain the names and addresses of members of the tenant's family. This may enable you to try to contact the tenant after the tenancy.
2. Ensure appropriate wording is in the tenancy agreement
Initial drafting of the tenancy agreement could minimise problems to expressly deal with the situation where the tenant leaves belongings behind. The agreement could provide, for example, that if goods are left behind for 7 days, the Landlord as agent has authority from the Tenant to dispose of or sell the goods as the Landlord sees fit, and that the Landlord can deduct the costs of sale costs from the proceeds.
Ashfords has a specialist housing team, who would be happy to provide any assistance :
T: 01392 33 4114
E: housing@ashfords.co.uk
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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