Torts notice template for possessions left behind by tenant.

haveabreak

Hello

My tenants were evicted, returned later to pick up all their possessions but left a few miscellaneous items behind. There are too many to list e.g box full of toiletry products. there a couple of vintage looking items like toys and boxes. I've bagged stuff that seems to be of importance. 

The AST has a clause "If the Tenant has failed to collect the items within twenty eight days the Landlord or his Agent may dispose of the goods in accordance with Sections 12 & 13 of ‘The Torts (Interference with Goods) Act 1977’ to cover any expense incurred and the balance (if any) will be paid to the Tenant provided all expenses and debts have been paid and the sum is claimed within twenty eight days of the date of sale."

Does anyone have guidelines or a template on how to issue a Torts Notice in accordance with the Torts (Interference with Goods) Act 1977? When to issue it and how long? Having searched the net it all seems a bit sketchy.

Alderbank

Think about it - since the AST contains that statement, you have already issued the Torts Notice to the tenant. I assume you have a copy of the AST signed by the tenant when the tenancy began?
Problems might only arise if the tenant were to claim that the remaining items were not his - he had been looking after them for someone else or they were there when he moved in, but that does not seem likely.

Your case sounds similar to Campbell v Redstone Mortgages Ltd [2014] EWHC 3081 in which the High Court dismissed a claim by a bailor for damages where the landlord had disposed of the previous tenants’ goods. It was ruled that even though the bailor had attended the property on various occasions to remove goods, they had not cleared the property entirely, and therefore the landlord had acted reasonably in disposing of the remainder of the bailor’s possessions.