Every landlord has had to pay to clear broken, heavy or large things out of a house – like flat screen TVs that do not work or sofas.
Unfortunately landlords cannot take the stuff to the dump.
Goods abandoned by a tenant still belong to them and landlords must follow strict legal rules before they can get rid of them.
The rules are laid out under the Torts (Interference with Goods) Act 1977 and apply if a tenant disappears or moves out as planned.
For landlords wondering what to do with property abandoned by a tenant, here are some pointers about following the law:
• See if you can find the tenant. They may have left their new address or details of someone who knows them listed on the tenancy agreement. Write to the tenant at the property – they may be forwarding their mail.
• In the letter, inform the tenant you will store the items for three months, and then you will sell them to pay off arrears or repairs to the buy to let
• Put your contact details on the letter so the tenant cannot complain about not being able to get in touch
• After three months and a week or so to account for delays in the post, you can put the property on sale or dump it
• If the money raised from a sale is more than the tenant owes, set aside the cash for six years from the date of sale, as the tenant can come back for the money during that time.
• Take some pictures – of the property, not forgetting close ups of any damage so if the tenant does come back, they cannot complain you have damaged their property.
• Take any storage or disposal costs from any cash from a sale. Keep the bills to prove your costs
Practical points
If the property left behind is cheap and easy to replace, dump it and buy a new one – it’s probably cheaper than renting storage.
It’s also a good idea not to return a deposit until after the check-out inspection, so you can claim the money back if the tenant leaves property in the home
