{"id":15236,"date":"2025-04-04T00:00:00","date_gmt":"2025-04-04T00:00:00","guid":{"rendered":"https:\/\/clearway.vanillabeancreative.com\/news\/what-is-the-tort-interference-with-goods-act-1977\/"},"modified":"2025-04-07T09:03:14","modified_gmt":"2025-04-07T09:03:14","slug":"what-is-the-tort-interference-with-goods-act-1977","status":"publish","type":"post","link":"https:\/\/www.clearway.co.uk\/news\/what-is-the-tort-interference-with-goods-act-1977\/","title":{"rendered":"What is the Tort (Interference with Goods) Act 1977?"},"content":{"rendered":"

Landlords must act in accordance with the Tort (Interference with Goods) Act 1977 when dealing with any goods left behind by tenants.<\/strong><\/p>\n

Any landlords that dispose of or sell goods left behind by a tenant without following the correct procedure as laid out by the Tort Act 1977 could find themselves liable for damages.<\/p>\n

As a landlord, you would generally expect that when a tenant leaves your property, they would take all their belongings with them. However, from time to time, you\u2019ll find that tenants leave furniture or belongings behind at the property.<\/p>\n

Whilst this is frustrating and it can be tempting to bin the items immediately, if it later turned out that the items were of value, your tenant would have grounds to claim damages from you.<\/p>\n

Any items that a tenant leaves behind are still their property and according to the law, a set procedure must be followed before a landlord can dispose of them.<\/p>\n\n

Key Takeways<\/h2>\n
    \n
  1. Duty of Care – When a tenant leaves items behind, landlords become involuntary bailees and are legally required to take reasonable care of the goods, protecting them from loss or damage.<\/li>\n
  2. Serve Notice Before Disposal – Landlords must serve a formal notice under Section 12 of the Act, giving the tenant a reasonable opportunity to collect their belongings before selling or disposing of them.<\/li>\n
  3. Keep Records and Act Reasonably – All actions taken\u2014such as notices issued, goods stored, and disposal or sale\u2014should be documented. Acting fairly and transparently protects landlords from legal claims.<\/li>\n<\/ol>\n

    \"\nThe<\/p>\n

    Tort (Interference with Goods) Act 1977: Landlord Duties<\/h2>\n

    If a tenant leaves items behind, the landlord becomes an “involuntary bailee,” meaning they have possession of someone else’s goods without intending to. In this role, landlords must take reasonable care of the items and try to return them to their owner.<\/p>\n

    First, you should store the tenant\u2019s goods somewhere secure and make reasonable efforts to trace and contact the tenant<\/a>.<\/p>\n

    If you do not have the tenant\u2019s new address, you may need to use a\u00a0tenant tracing service\u00a0to prove that you have made reasonable efforts to find them.<\/p>\n

    Next, you should serve the tenant notice to come and collect the items by sending a letter to their current address.<\/p>\n

    Landlords can send a notice under Section 12 of the Act, which should include:<\/p>\n