Tenant belongings at the end of the tenancy

Last reviewed 19 April 2024

When tenants move out of a property at the end of their tenancy, they will typically take all their belongings with them and landlords don't have to do anything. But, if tenants have left belongings behind, this can present problems for the landlord.

This can potentially be a big issue as, while the goods still belong to the tenant, the landlord becomes responsible for ensuring the items remain safe. If they dispose of the goods or sell them, then the tenant may seek damages under the Torts (Interference with Goods) Act 1977 unless the landlord has taken reasonable steps to keep the goods safe for a reasonable period of time.

As a result, if tenants have left belongings behind, landlords need to make sure they are taking the correct steps when storing these goods. In addition, they should only consider disposing of these items after a reasonable time and after making reasonable attempts to trace the tenant.

This guide covers the procedure the NRLA recommends when tenants leave belongings behind at the end of the tenancy. Experts in our field, we are the UK's largest landlord association with over 100,000 members to our name. Providing you support, qualified expertise and a wide range of resources, at the NRLA, we’re here for you. 

To best avoid tenants leaving belongings behind, you can put in procedures that will help prevent this from occurring. These preventative measures don’t have to be drastic, but might just help you to avoid a legal dispute later down the line. Before and during the tenancy, consider the following:  

• Conduct a check-out inspection: On the final day of the tenancy, ideally when the tenant is still present, conduct a check-out inspection and ensure that all items are accounted for.
• Tenancy agreement clause: Include a clause in the tenancy agreement that explicitly states what will happen in the event of abandoned belongings. These clauses are included in our own standardised Assured Shorthold Tenancy Agreements templates. 
• Contact details: Make sure you have updated contact information for the tenant and any other relevant parties, such as a guarantor. In the event that a tenant leaves their belongings behind, they’ll be easily contactable. 

If a tenant has left belongings behind, they need to be properly dealt with. If you dispose of them without complying with the tenancy clause or the Tort (Interference with Goods) Act 1977, then the tenant can seek damages equivalent to the current value of the items (not the cost of buying brand new).

As a result, landlords will need to judge the level of risk from a claim before disposing of the goods, particularly if they are disposing of them early.

Items that have no resale value and a low probability that the tenant will return for them, so are generally safe to dispose of include:

• Old newspapers and magazines.
• Standard letters/bills.
• Food left in the fridge/freezer.
• Old clothes.
• Broken items.
• Small crockery and kitchenware.
• Houseplants.
• Toiletries.

If a tenant has left these belongings behind, they can generally be disposed of with little risk, as the potential value of a claim will be low. You may find that it’s common for low value, low risk items to be left by student tenants.

Items that have a resale value (if in good condition) and a high probability of the tenant wanting them back include:

• Computers and video game consoles.
• Mobile phones.
• TVs and stereos.
• White goods and other electrical appliances.
• Furniture.
• Wall art.
• Jewellery.
• Complete crockery/kitchenware sets.
• Tools.
• Designer clothes/shoes/watches.
• Vehicles/caravans.

The landlord should not dispose of or sell off these items without following the tenancy agreement or Torts Act process with these items to minimise the risk of a claim.

If a tenant leaves small belongings behind with sentimental value, like photograph albums, children's artwork, handwritten letters, etc, these are unlikely to be claimable. However, they are likely to lead to issues if the tenant requires them back later, as they will be of great emotional value to the tenant.

Landlords are advised to store these goods if possible, as they will generally be easy to keep, and keep trying to contact the tenant before disposing of them.

In the rare event that your former tenant’s pet has been abandoned, first, start by attempting to contact the tenant, or, failing that, their potential guarantor. If you cannot reach the former tenant and have reason to believe that the pet has been abandoned, the best course of action is to contact an animal welfare organisation that is relevant to the region (the RSPCA in England and Wales). 

If you believe your former tenant has left their belongings, before you dispose of the items, follow these steps:

• Establish that the tenant has left the property
• Establish how long you need to store the goods before selling
• Make contact with the former tenant
• Dispose of the goods

Keep reading to discover more detailed advice on what to do with evicted tenants' belongings, including steps on how to follow the correct procedures.