What to do when tenants leave items behind in your rental property
Most landlords worry about tenants causing damage to property, and what to deduct from their deposit. But what if a tenant doesn’t leave your property empty?
When tenants vacate a property and leave personal items behind, landlords face a complex legal landscape. Improper handling of the items can result in potential lawsuits, financial penalties, and legal complications.
When tenants move out and leave their belongings behind, those items still legally belong to them. You don’t have the right to just toss out these items. Instead, you must handle them carefully and follow specific legal steps before disposing of them.
In this article, property litigation solicitor Alex Cook, at Helix Law explains the legal obligations of landlords in such circumstances, and the correct steps to take according to law.
What to do when your tenant leaves their belongings behind
When dealing with possessions left behind intentionally or otherwise by ex-tenants, landlords must follow this procedure by law.
1) Serve the tenant a Schedule 1 Notice
Landlords must give tenants a chance to reclaim their belongings in the form of a Schedule 1 Notice. This document must specify the items left behind, their location, and the landlord’s legal right to sell the items if they are not claimed within the specified period, typically 21 days.
This notice should be sent to the tenant’s last known address and securely posted at the property. You might also text or email it to them if you have those contact details.
2) Make reasonable efforts to contact the tenant
If the landlord doesn’t have the tenant’s current address, the law requires them to make reasonable efforts to locate them and contact them by all means possible.
Contacting the ex-tenant could involve contacting known associates, checking social media, or using a tracing service. Costs incurred in these efforts can often be recouped from the sale of the abandoned items if the tenant does not claim them.
3) Secure storage of abandoned items
While the landlord attempts to contact the tenant or wait for them to collect their belongings, it’s their responsibility to store the tenant’s belongings securely.
The landlord should keep these items in a safe place – somewhere they will not be damaged or tampered with. This ensures that the items remain in good condition should the tenant come to collect them, or if they need to be sold.
4) Sell their unclaimed belongings
If the tenant fails to collect their belongings after the period stated in the Schedule 1 Notice, the landlord may proceed to sell the items.
Proceeds from the sale should first cover any costs related to the storage and sale of the items, and any leftover funds should be held for the tenant.
5) Give the tenants notice to collect their belongings
Giving the tenant a 21-day notice period to collect their belongings is standard, though the landlord is at liberty to extend this period if necessary.
If the tenant’s contact information is unavailable, landlords should take reasonable steps to locate the tenant/s, potentially using social media or a tracing service.
Make sure you follow the correct legal process
Picture this scenario as a landlord. You enter the property recently vacated by your ex-tenant. Instead of an empty residence that’s all but ready for new occupants, you find the previous tenants’ seemingly abandoned clothes, electronics, furniture, rubbish and sometimes even pets, everywhere. What do you do?
The truth is that in the UK you can’t do what you may wish to do – discard the previous tenant’s items so you can be rid of them, fast. You are legally bound to follow the procedures I’ve mentioned. Not doing so can land you in hot water legally, and you could even face prosecution. For that reason I urge you to follow these legal guidelines to the letter if you are confronted by this unfortunate situation.
