Published: 02/04/2024
Finders Keepers Doesn't Apply When Tenants Leave Belongings BehindDealing with tenants who leave belongings behind can be an unexpected hassle for a landlord. Although it's rare, it's important to understand the legalities of handling this situation properly. At Circa London Sales & Lettings, one of the leading estate agents in Southwark, including areas like Shoreditch, Old Street, Bermondsey, and Bankside, we provide expert guidance to ensure that landlords in Central London navigate these circumstances with confidence.
While the phrase "finders keepers" may come to mind, it does not apply when dealing with a tenant's left-behind property. Being aware of your responsibilities under the law is critical for a landlord. Here's what you need to know.
The Golden Rule: Never Dispose of Left-Behind Belongings
It's essential to remember that disposing of or throwing away tenants' belongings is not legally permissible. The Torts (Interference with Goods) Act 1977 governs how a landlord must handle abandoned items. This law stipulates that any belongings left behind must be stored for a minimum of three months.
Understanding Your Legal Rights as a Landlord
According to the Torts (Interference with Goods) Act 1977, landlords are required to keep the items left behind by tenants for a set period before any action can be taken. If the tenant has vacated the property and their items are still there, they may intend to return to collect them. In any case, it's crucial to follow the correct legal process.
Step-by-Step Guide on What to Do
- Send a Recorded Delivery Letter
- The first step is to send a letter by recorded delivery to the tenant's last known address, informing them that you intend to dispose of or sell their items. This letter should detail how the tenant can reclaim their belongings.
- List the Belongings
- Include a list of the items you're holding onto and where they are stored. This will protect you and clarify what is available to the tenant.
- Inform the Tenant of the Disposal Date
- You must give the tenant at least two to four weeks' notice to collect their items. Giving sufficient notice helps you avoid legal disputes later.
- Keep Copies of Correspondence
- Always retain copies of all communication related to this situation, as this will be crucial in case of a dispute.
- Tracing the Tenant's Address
- If the tenant's new address is unknown, you can contact a professional tracing agent. These services often operate on a no-find, no-fee basis.
- Disposal of Belongings
- Once the notice period has passed, you can dispose of the items. If you sell the belongings, you must ensure you get the best possible price, and the proceeds must be returned to the tenant after deducting any associated costs or debts.
Dealing with belongings left behind by tenants can be complicated, but following the law to avoid costly legal mistakes is essential. Adhering to the steps outlined above ensures a smooth, legal resolution. Should you need help navigating these situations, Circa London, a trusted estate agent in Central London, is here to assist you.
As one of the premier estate agents serving Shoreditch, Old Street, Bermondsey, Bankside, and Southwark, we ensure that landlord-tenant situations are handled professionally and in accordance with the law.
While such issues are rare, we know how to deal with them when they arise, giving you peace of mind as a landlord.
If you're a landlord looking to let property in London, contact Circa London today, where we'll guide you through the entire letting process with expert advice and support. Whether you're in need of sales or lettings, Circa London has you covered.