Where a tenant has left his property at the house, the landlord should not sell it or throw it away. The property belongs to the Tenant, as he/she is the rightful owner of that property.
A tenant may claim damages where a landlord destroys the property without the consent or authorisation of the Tenant.
A Landlord should contact the tenant and ask the tenant to make arrangements for removal of his/her stuff. Where a Landlord stores a tenant’s property at a cost, a tenant may have to pay the landlord’s reasonable storage costs.
Destruction of Tenant’s Property
A landlord can dispose of the goods which are left behind by a tenant provided the landlord follows the following process.
- Firstly, the landlord must send a letter by recorded delivery to the tenant stating that he/she intends to sell/dispose of the goods and provide the tenant with the following information:
- His (Landlords) name and address (where he can be contacted regarding the tenant’s collection)
- Details of the items held or under his possession
- The place where they’re held
- The date on which the landlord intends to sell the goods. The time period must be reasonable
- The landlord must hold the copy of the letter sent to tenant in case a tenant disputes the letter at all
- Where a tenant refuses to accept the recorded delivery of the letter a landlord may seek to deliver the letter in person (where it is appropriate)
- Any proceeds from the sale of Tenant’s goods must be handed over to the tenant.
General Guidance for Renters
Where a tenant is in the receipt of Universal Credit or Housing Benefit and also is in rent arrears, the landlord of such tenant can contact the local council or department of work and Pension and may apply for the rent to be given to the landlord directly.
If your tenant owes you rent and claims Universal Credit or Housing Benefit you may be able to get the rent paid straight to you instead of evicting them. This is known as ‘managed payments’.
For possible defence please refer to Disrepair, Homelessness and Human Rights in Step 1 under Land Lord and Tenant Law.
When filling the defence form (N235) the tenant has to include any defence he/she may have in response to Landlord’s claim for Eviction.
While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.