What to do if a tenant leaves belongings behind, can you make a claim from the deposit?
When a tenant moves out, landlords expect the property to be empty and ready for the next occupants. However, occasionally tenants may leave behind belongings. Here, the Tenancy Deposit Scheme will look at how to handle this situation, whether you can claim from the tenancy deposit, and steps to prevent it from happening in the future.
When a tenant leaves behind abandoned belongings, it can create significant challenges for landlords. The process of removing and storing these items can incur costs, which legally still belong to the tenant. Therefore, it's crucial to have a clear understanding of what actions you can take and what actions you can't.
What does the law say?
Under the Torts (Interference with Goods) Act 1977, items left behind in a rental property are legally protected. As a landlord, unfortunately, you cannot simply discard the belongings, even though it might seem like the easiest solution. The items still legally belong to the tenant, making it "unlawful" to remove or dispose of them without following the proper procedures. This can be challenging for landlords who are eager to prepare the property for new tenants.
Fortunately, landlords are permitted to dispose of or sell abandoned items after following the process, but they must adhere to strict guidelines.
Handing leftover belongings
Take inventory
Begin by taking a detailed inventory of the items left behind. Document everything with photographs and written descriptions, this record is essential for potential disputes and to prove that you handled the belongings properly.
Notify the tenant
Attempt to contact your tenant. Use all available contact methods—phone, email, and a letter to their new address if known. Clearly state that they have left belongings and provide a reasonable deadline for collection, typically this is 14 days. The notice should outline your intention to dispose of the items if they are not collected by a specified date. Keep a copy of this notice for your records.
Storage
Store the belongings in a safe location until the deadline passes. If the tenant fails to collect their items, you may dispose of them. For valuable items, it would be worth considering selling them. The proceeds from any sale should first cover the costs incurred in the process, such as storage and advertising.
TDS Tip: Maintain detailed records of all actions taken, including notices sent, responses received, and how the items were disposed of. This documentation is crucial for defending your actions in case of dispute.
Can you claim from the tenancy deposit for left belongings?
Determining whether you can claim from the tenancy deposit for costs related to handling the tenant’s belongings depends on the specifics of the tenancy agreement, and the nature of the costs incurred.
Valid claims would be, for example, cleaning and disposal costs. If professional services were needed to clean or dispose of the items, these costs can often be deducted from the deposit. Ensure you have receipts and evidence to support your claim. If you had to rent storage space for the belongings, this cost could also be deductible. Again, keep all receipts and documentation.
If the tenant owes you money, such as rent arrears, this can be deducted from the balance of items if you did manage to sell them. However, any money left over must then be returned to the tenant, even if you still can't find them. The law states you must keep the money aside for the tenant for 6 years.
TDS Tip: Remember to include a clear clause in the tenancy agreement regarding the removal of personal belongings at the end of the tenancy. Specify the consequences of leaving items behind, including potential costs that may be deducted from the deposit.
Practical advice for landlords to avoid a deposit dispute surrounding abandoned belongings
- Conduct regular property inspections. This not only helps with the end-of-tenancy process but also keeps the property in good condition.
- Maintain open and clear communication channels with your tenants. Providing multiple ways to reach you can ensure that any issues can be dealt with before the end of tenancy. Find something left behind? Contact your tenant straight away, they may have simply forgotten something and can be easily rectified.
- Arrange a final walk-through inspection with the tenant before they hand over the keys. During this inspection, check for any remaining items and remind the tenant to take everything with them. This can help avoid misunderstandings and ensure the property is left in the agreed-upon condition.
- Provide resources or contacts for disposal services, charity pick-ups, or second-hand shops that might be useful. Tenants might be more likely to clear out their belongings if they know how and where to dispose of them properly.
- Before you make a dispute claim, use the TDS Dispute chatbot to check if the claim you are making or the evidence you have are both valid.
Not with TDS?
Visit our TDS Help Centre to find more guides, tools and templates, all designed to make the life of a landlord easier.
Some of our resources are only available to landlords who use the free deposit protection scheme at TDS Custodial or the insured scheme at TDS Insured. You can access all templates, tools and the full tenancy deposit management dashboard by joining TDS.
