Involuntary bailee obligations and Uncollected Goods Notice procedure
Torts (Interference with Goods) Act 1977: a landlord who takes possession of property after a tenancy ends (by expiry; surrender; or court order for possession) and finds the former tenant's belongings left behind is an involuntary bailee. Obligations: (1) take reasonable care of the goods; (2) not dispose without serving a written Uncollected Goods Notice. Notice must contain: description of goods; statement they are ready for collection; collection deadline (minimum 28 days); warning that goods may be sold or disposed of after deadline. Sent to tenant's last known address (usually the vacated property and any address in tenancy agreement).
- Involuntary bailee: cannot claim ownership of goods; must not throw away or donate without serving notice and waiting deadline
- Uncollected Goods Notice: minimum 28 days for most household chattels; send to vacated property AND tenancy agreement address; keep proof of posting
- After notice period: sell at reasonable market price (auction; online marketplace; second-hand dealer); dispose of items with no resale value; deduct storage and clearance costs
- Remit balance: net proceeds after costs must be held for and remitted to former tenant if they subsequently claim them
Recovering clearance costs from deposit, high-value goods, and criminal liability
Deposit deduction: reasonable clearance and storage costs are a legitimate deposit deduction — supported by receipts; photographs; inventory comparison with check-in report; adjudicator assesses reasonableness; cannot deduct the landlord's own time. High-value goods: photograph; detailed inventory; store securely; appoint professional auctioneer after notice period; hold proceeds above costs for tenant. Criminal liability: disposing of goods without notice procedure risks civil claim for full value; potentially Protection from Eviction Act 1977 criminal liability in egregious cases. Vehicles on private land: Torts Act applies — serve notice on registered keeper; contact DVLA; do not tow or scrap without authority.
- Deposit deduction: photograph items at check-out vs check-in inventory; keep all clearance receipts and skip hire invoices; adjudicator accepts commercial invoice at normal market rates
- Excess over deposit: pursue in county court (MCOL — Money Claim Online) if clearance costs exceed deposit; cost-effective only for amounts above approximately £500
- High-value goods: appoint RICS auctioneer or reputable online auction house; provide detailed photographic record before moving; hold net proceeds after auction costs for tenant
- Criminal liability: POE Act 1977 criminal offence where disposal of goods is part of wider harassment/illegal eviction scheme; Civil claim for full value of disposed goods without deduction for costs