How do you deal with lodgers possessions that they leave behind?

Your lodger has left, but he seems to have left half of his belongings behind.  Or you may have evicted your lodger and be wondering what to do with all their things.

The first thing to remember is that they do not belong to you.  They belong to the lodger.  So if your lodger asks for them, you should give them to him.

This may create difficulties if your lodger has been forcibly evicted and you are worried about letting him back into the house.  In these circumstances, it is best to arrange for the police to be there, so he cannot do anything malicious or perhaps refuse to leave.

If, as perhaps may be more common, your lodger has just gone leaving these things behind, what should you do? Legally you are a position quaintly known by lawyers as an ‘involuntary bailee’.

You do not have to leave the items in the room.  It is quite in order for you to pack them up and put them somewhere else.  After all, you will want to re-let the room, and your new lodger will not want them there. 

So pack them up nicely, either in bin bags or perhaps some cardboard boxes, and move them to wherever you have some space.  Perhaps in the garage or under the stairs.

However, you probably don’t want them cluttering up your house for long.  You will either want to throw them away, or (if they have any value) sell them. The procedure to follow will depend on whether you are in England or Wales as slightly different rules apply.

If you are in England

The procedure is set out in a rather elderly act called The Torts (Interference with Goods) Act 1977.

This act says that if you want to dispose of goods belonging to another person, you must first write to them asking them to remove the goods.  The letter should say:

• What the items you hold are
• Where they are being held, and
• How long they will be available for collection before you dispose of or sell them

You need to give a reasonable period of time for their collection.  I would suggest at least 14 days.  The act says it must be “such as will afford the bailor a reasonable opportunity of taking delivery of the goods“.  You also need to give them details of how to contact you.

So far as delivery of the letter is concerned, this act was passed in 1977, which was before text messaging and emails were available.  It says that the letter should be sent by recorded delivery and therefore if there is any chance that the lodger is going to come back and complain, this is what you should do. However, there is no harm in following this up with an email and text message if you wish.

If the lodger fails to respond to your letter, you can then sell or dispose of the items.

What if you don’t know where the lodger has gone to?  Well, the act says that

• provided you are certain that the ‘bailor’ (lodger in your case) owns the goods and
• provided you have  failed to trace or communicate with the bailor with a view to giving him the notice, after having taken reasonable steps for the purpose,
• you are entitled to sell or dispose of them.

My normal advice is to instruct a tracing company on a no trace no fee basis, and to keep the letter where they say they can’t trace him  (if they do trace him, you can send the letter).

It is important however that you do not just chuck the things away. If the lodger comes back and is able to prove that the things they left behind were valuable, they will be able to sue you for compensation. Best to get someone independent to take a look at them to confirm that, for example, they are just rubbish.

Anything valuable should be sold for the best price (often selling at auction is a good idea). If valuable items are small, for example, jewellery, it is perhaps best not to sell them at all but just to keep them. If they are not collected within six years, then you can dispose of them safely as the lodger will no longer be able to bring any claim against you.

Make sure that you keep a careful record of everything you have done and keep it safe.  Just in case.

If you are in Wales

There is a procedure set out for dealing with items left in abandoned property which we are assuming will also apply to property just left behind when lodgers or tenants leave. 

The procedure is in the The Renting Homes (Safeguarding Property in Abandoned Dwellings) (Wales) Regulations 2022.  It provides as follows:

• The property must be ‘safeguarded’ – unless this would involve ‘unreasonable expense or inconvenience‘
• Or unless its value on sale ‘would not, in the opinion of the landlord, exceed the amount which the landlord may deduct … from the proceeds of sale of such property‘ ie if the cost of looking after it exceeds its value
• for the ‘prescribed period’ – which is four weeks
• This does not apply to perishable items which you can get rid of immediately.  

If, during the four week period the contract holder or anyone who appears to be the owner of the items wishes to arrange for delivery of the property to them, you must permit this.  However, you can require them to first pay you any expenses incurred by you in complying with the regulations.

If no-one comes along to collect the property during the four week period, then you can dispose of the property as you see fit.  If the items have any value, sale by auction is often a good option as then you cannot be accused of selling them at an undervalue.

The proceeds of sale can be applied:

• First to cover any expenses of sale and then
• Towards any arrears of rent due to you

Any balance belongs to the contract holder and should be retained for him – although his right to sue you for this will lapse after six years under the Statute of Limitations.

As with the guidance for England, you should keep a careful record of everything you do just in case the lodger comes back and demands his possessions.