A tenants possessions left behind after they leave a property are governed by the Torts (Interference with Goods) Act 1977.
The landlord will become an involuntary bailee of goods as someone who comes into possession of another person’s property without consent, creating a legal duty to take reasonable care and follow proper procedures to return or dispose of them, rather than simply discarding them, to avoid liability for negligence.
A bailee may, by notice given to the bailor impose on him an obligation to take delivery of the goods.
The notice shall be in writing, and may be given either—
(i)by delivering it to the bailor, or
(ii)by leaving it at his proper address, or
(iii)by post.
The notice shall—
(i)specify the name and address of the bailee, and give sufficient particulars of the goods and the address or place where they are held, and
(ii)state that the goods are ready for delivery to the bailor, and
(iii)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.
Where the notice is sent by post the notice shall be in writing and shall be sent by post in a registered letter, or by the recorded delivery service.
If a landlord does not follow the proper legal procedure, they risk liability for damages. The tenant could potentially bring a claim against the landlord for “conversion” (the civil equivalent of theft), arguing that the landlord wrongfully interfered with their goods. This could result in financial penalties, where the landlord may be ordered to compensate the tenant for the value of the goods, regardless of their actual worth at the time of disposal.