tenancy

A quality check out report will not only present comparisons between the property items at the start and the end of the tenancy but will also highlight items that were not present at the Check In. In some cases these may be even items the landlord provided additionally, in other cases tenants leave some of their possessions behind.

From 100 Check Out reports in 52 cases there were found items at property that were not present at Check In.

This shows that tenants may be leaving belongings behind in approximately 50% of the cases.

While we can’t be sure that some of the items were additionally provided by the landlords, it is very unlikely to be in the majority of cases.

We discovered that electrical items were left behind in most cases closely followed by various furnishings. The most commonly left electricals were heaters, fans and microwaves. In the case of furnishings, tables, chairs and cloths rails were often left.

8 Commonly seen tenants belonging after the move out

Furniture

Tenants sometimes invest into additional cloth rack, Shelving unit, shoe rack, bathroom wire rack or second hand purchased bedside but fail to take with them

Upholstery

Most comply scatter cushions & throws, blankets but sometimes also mattress, sofa, armchair, swivel chair etc.

Electricals

Cables, rooters, chargers, but also heaters, fans, kettles, toasters, blenders, microwaves, fans, rice cookers, speakers etc.

Fittings

Installed racks, hooks, shelving.

General use items

Such as PVC bins, cutlery, mugs, utensils, mirrors, soap dispensers, hangers, worn crookery etc,

Clutter

Plastic bags, take away containers, cardboard boxes, opened letters, pens, nails

Pieces of clothing

Wardrobe organisers, linen and bedding

Redundant items

Yoga mats, rugs, bath mats, towels, pins & pin boards, canvases, small decorative items

Steps to take

Study your tenancy agreement closely. Most of the tenancy agreements will contain a clause aiding the issue regarding the left possessions.

Such clauses needs to be well written and fair from the laws perspective. If you are adding such clause to your tenancy agreement, it is best to have it checked by a qualified professional. You may not be able to prevent this from happening completely but you may be able to reduce the time you are expected to store tenants belongings left after the move out.

No clause? What next?

A rental property should be returned to the owner in the same state as received.

Landlords losses created by the tenants failure to return the property back in a state matching the start of the tenancy ( with consideration of wear & tear) could be claimed against the deposit.

This may sound as a relief but do not underestimate the situation.

Understanding the law

According to UK law you have now become an “Involuntary bailer” and you are obliged to take care of the possessions.

What it means to take care of the possessions?

1. Contact the owner and discuss how and when will be the items collected / removed. If the tenant wishes you to dispose the items, you should request this in writing. Inform the tenant that you will claim the cost for the disposal of the items from the deposit. When arranging the way of collecting the items be wary of letting the tenant to access the property again. It is advisory that you accompany the tenant. Should the tenant arrange for third party collection of the items you need to make sure that the party has appropriate authority to do so.
2. You must prevent the items from being damaged or devalued. It is advised to make photographs and a reasonably detailed record of the possessions at your soonest opportunity after the move out so the state of the items is adequately described. You will need the list anyway when giving the notice to your tenant. It is worth mentioning that the higher the value of the items the more care should the landlord apply.

How long do I need to look after the possessions?

You are obliged to care for the possessions for a ‘reasonable’ amount of time. This can vary in dependence of the situation, but usually 21 days since your given written notice to the tenant should be enough. Some of the resources are stating that the belongings must be kept for 3 months. It is the best to discuss each specific case.

If there in no response from the tenant within the 21 days you may try and sell the items or dispose them. If you decide to sell the items you must sell them at reasonable price and the funds gained from the sale belong to the tenant up to 6 years from the sale. You can however deduct any costs regarding the storage, removal or sale.

The notice to dispose or sale of the belongings

You must give a written notice to the tenant explaining your intention to sell or dispose of their items. Write and deliver the notice To the tenant ASAP after realising they left possessions behind.

You are legally obliged to return the deposit within 30 days from the move out date. Giving a notice of 21 days for the collection of the items gives you up to a week to claim your loses.

Legally the document to refer to is the Torts (Interference with Goods) Act 1977. The notice must contain the following:

1. Date of the notice
2. The Bailor’s (Tenants )name and other details if you have any
3. The Bailee’s (Landlords) name and address
4. Your intention to dispose or sell the items if the tenant fails to collect them within the notice period
5. The list and reasonable level of description of the items in question
6. Instruction about how they can collect the belongings
7. If you intend to sell, you must include the date and place of the sale. Also include that if items are sold cost for storage and selling fees will be deducted.
8. Specify the amount, if any, which is payable by the bailor to the bailee in respect of the goods, and which became due before the giving of the notice.

Is there anything else I can do?

Large items or large amounts of items left behind could potentially mean that you could claim a sum of the agreed rent until the items will be collected.

Ending up in this scenario can be an absolute disaster. If you have a new tenancy starting at the premises within days or even sooner you have a lot on your plate.

Although more likely to apply in commercial cases, the presence of items left behind can mean the tenant has not given ‘vacant possession’, meaning the tenant remains liable to pay a sum equivalent to the current rent until they are removed.

Source: blbsolicitors.co.uk

Negotiate or store the possessions

If there is multiple items of value and significant size you may need to negotiate a deal with your new tenants. Consider reducing the rent however claiming the amount from the deposit of the previous tenant most likely won’t be possible. You can always reach out to TDS or MyDeposits for advice.

If you end up with items representing risk of fire, or other harm it is worth reaching out to a lawyer or a Citizen Bureau Advice.

You could consider moving the items to self storage and claim charges for removal and storage from the deposit. Nevertheless be aware that most self storage services capture your details , you are the client and you will be liable for outstanding bills if items are not collected by the end of the rental period. You may end up picking up the bill for the final removal as well.

You could consider moving the items to self storage and claim charges for removal and storage from the deposit. Nevertheless be aware that most self storage services capture your details , you are the client and you will be liable for outstanding bills if items are not collected by the end of the rental period. You may end up picking up the bill for the final removal as well.

This may be useful if you want to rent the property fast again and clear the space for viewings and new occupants. It could be potentially better option than lowering the new tenants rent, if you have back to back tenancies.

Duty of care

Having a new tenant at the premises with items which have no Fire label, unstable furnishings or no PAT test label is a concern. It is worth investigating if your duty of care for the new tenant comes before the duty of care for the left belongings or how to act in this predicament.

Make reasonable efforts to contact the tenant and find an agreement. If the tenant does not respond and the value of the items is questionable due to its state/ functionality you may be able to reduce the time to 14 days before the disposal. In every case be very mindful of making assumptions as the item could be of sentimental value for instance (although common sense says that such thing would be not be left behind).

Can I suggest deposit deductions for the clearance?

A good Check Out Report will note items that were not present at the Check In and allocate responsibility. Items may be marked as needing attention or needing clearance by the tenant.

After the expiry of your notice you can arrange the disposal of the items. You should be able claim the cost for the storage and disposal given the property was not returned to the expected state.

The Tenant confirmed in writing they won’t seek to recover the items, should I keep them?

Deciding to keep the items may just look like the best option here. Indeed your new tenant may even benefit from some of the items left behind. But are there any risks? As suggested earlier as a landlord you have responsibility for the contents at your property.

PAT testing

UK law expects the landlords to ensure that all electrical appliances provided are safe to use and will not cause harm to the tenant. A portable appliance is anything that can be unplugged and moved. So not just a iron or a hair dryer, but goods such as a freestanding fridge as well.

PAT (Portable Appliance Testing) is not obligatory , but should you keep at your rented premises electric appliances not provided by you it is highly recommend you inspect the appliance and make a record of this.

Inspect a portable appliance by checking the following

• Check the lead for signs of fraying, cuts or heavy scuffs
• Check the plug for any damage such as bent pins
• You should be alerted if you discover tape applied to the lead to join leads together
• Notice if there are any visible wires where the plug and lead joints together
• Any loose screws or other loose parts
• Check for overheating, heat marks, burn marks or staining to the plug is a concern
• Pay attention where the item was found. Could it be stored in dusty or wet environments?
• If you find cables trapped in floor boxes or under furnishings this may be a concern
• Does the item appear to be used according to the manufacturer’s instructions?
• Does the appliance appear suitable for the task?
• Whether any issues been reported to you regarding the appliance.
• If you don’t feel comfortable to test the appliance, you should someone qualified to do so.
• You should perform such inspection annually and keep adequate records

Any of the above may increase the risk of danger. You should reconsider leaving such appliance at the property for your tenants to use.

Furniture Fire safety

Any items such as divan beds, mattresses, any upholstered pieces, scatter cushions, furniture covers, pillows or garden furniture that can be used indoors should have a “FIRE RESISTANT” labelling or be labelled “CARELESSNESS CAUSES FIRE”.

Fire labels marked with “COVERS ARE NOT MATCH RESISTANT‟ or “CAUTION Careless use of matches could set fire to this furniture” do not comply with the regulations .

If your tenant left any items that falls into the above category search for relevant labels.

If you can’t find a label, seriously reconsider keeping the item at the premises.

Items you don’t need to worry about fire labels are: Curtains, carpets, pillow cases, antique furniture, furniture manufactured before 1950, bed clothes & duvets, loose covers for mattresses and sleeping bags.

Fitness of Item

If the item you ended up with appears unstable, risky or other way unfit for purpose you are probably best to remove it from the reach of your new tenants.

Think twice especially if your tenants are a family with dependent children.

How to prevent the tenant leaving valuable stuff or clutter behind?

Referencing your tenants

Referencing the tenants should reduce any risks Lettings represent

Tenancy Agreement Clauses

It is vital to include a clause in tenancy agreement aiding the matter of left possessions.

Midterm inspection

Houses converted to flat units often benefit from front communal garden. Sometimes tenant discard lots of rubbish and redundant items in communal areas before they leave. Communal areas are usually not included in the inventory given the space is shared and responsibility can’t be allocated.

What happens is that you may end up with clutter in front of your property that can not be identified from the Check In report.

A high quality midterm inspection will capture overview pictures of rooms. This may provide you with some evidence when identifying the clutter left behind.

Communication

Once you accept or give notice to your tenant, you can follow up with a kind request to review their inventory and tenancy agreement and hand the property in expected state.