Belongings left behind in a rented property: tenant and landlord rights

When a tenancy ends and a tenant leaves belongings behind, both sides need to know what the rules are. We set out what a landlord can and cannot do with property left in a rented home, and what a tenant can do to recover belongings after they have left.

What are a tenant's belongings called legally?

Items left in a property after a tenancy ends are called "abandoned goods" if the tenant has left without collecting them. The law does not make the landlord the automatic owner of those items just because they are now in the property.

What must the landlord do with belongings left behind?

A landlord who finds belongings left in the property after the tenancy has ended cannot simply throw them away or sell them immediately. They must take reasonable steps to return the items to the tenant.

Step 1: Try to contact the tenant

The landlord should try to contact the tenant at a known address, a forwarding address if the tenant has given one, or any other contact details they have. If the landlord can find the tenant, they should tell them where the belongings are and give them a reasonable time to collect them.

Step 2: Store the items

If the tenant cannot be reached, the landlord may need to store the items safely. They are entitled to charge the tenant reasonable storage costs.

Step 3: Wait a reasonable time before disposing

If the landlord cannot contact the tenant and the tenant does not collect their belongings, the landlord can eventually dispose of them, but must wait a reasonable time first. What is "reasonable" depends on the circumstances and the nature of the items.

The Torts (Interference with Goods) Act 1977

This Act gives landlords a formal route to deal with uncollected goods. Under the Act, a landlord can give the tenant a formal notice (an intention to sell notice) stating that the goods will be sold or disposed of after a set period if not collected. If the goods are sold, the landlord must account to the tenant for the proceeds after deducting reasonable storage and sale costs.

Can the landlord keep items as security for rent arrears?

No. A landlord cannot simply hold onto a tenant's belongings as a way of pressuring them into paying rent arrears. That could amount to unlawful interference with goods. Any dispute about rent arrears should be pursued through proper legal channels.

What if the landlord has already disposed of my belongings?

If a landlord disposes of your belongings without following the correct process, you may have a claim against them for the value of the items. Keep any evidence of what you had in the property, photographs, receipts, inventory records.

What should a tenant do to recover belongings?

If you have left belongings in a property:

1. Contact the landlord or letting agent immediately, in writing if possible
2. Tell them clearly which items you want to collect
3. Arrange a time to collect them
4. If the landlord refuses to allow access or says the items are gone, get advice from Citizens Advice or a solicitor about making a claim

If the landlord is charging storage costs, you may need to pay these before recovering the items, but the amount must be reasonable.

What about belongings in a property I am being evicted from?

If you are being evicted and have items in the property, try to arrange for them to be collected before the enforcement date. On the day of eviction, enforcement officers will usually allow you a short time to take essential belongings, but they are not obliged to give you time to remove everything. Any remaining items become subject to the abandoned goods rules above.

Is there anything else to be aware of?

Items of very high value (antiques, jewellery, important documents) should be identified to the landlord in writing so there is a clear record. Perishable items (food, plants) can be disposed of more quickly. Important documents such as passports or medical letters should be highlighted separately, a landlord should make reasonable efforts to return these even if other items are dealt with differently.

When should I contact Support for Tenants?

If your rented home has disrepair that your landlord has not fixed, we may be able to help with a housing disrepair claim, even if you have already moved out, provided the claim is within the time limit.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Torts (Interference with Goods) Act 1977 (legislation.gov.uk)