What to Do When Your HMO Tenant Leaves Possessions Behind – 6 TOP TIPS
Have you ever had a tenant leave personal belongings behind after moving out? As an HMO landlord, it can be tricky to know how to proceed in such situations. It’s important to understand your legal obligations and act accordingly. In this guide, we’ll provide you with everything you need to know when it comes to handling abandoned possessions as a landlord.
Understanding the Legal Obligations
As an HMO landlord, there are laws in place that you need to follow when it comes to handling abandoned possessions. In fact, you are considered an “involuntary bailee” and therefore responsible for the safekeeping of any items left behind. The Torts (Interference with Goods) Act 1977 is the legal framework that governs the handling of these possessions.
Rights and Procedures for Disposal
It’s important to know your rights when it comes to disposing of abandoned goods. Before selling any items, you must first make reasonable efforts to locate the owner. You are also required to issue a notice of intention to dispose of the goods within a certain time frame and include details on collection, storage, and disposal costs. Costs only start accumulating after the notice period expires, and it’s essential to obtain consent from tenants before disposing of any goods.
Handling Fully Abandoned Rooms
Fully abandoned rooms have their own legal implications which should be considered. The Protection from Eviction Act 1977 outlines the specific legal provisions to follow in these cases. As a landlord, it’s important to be familiar with these procedures.
Duration of Possession Retention
One common question HMO landlords have is how long they need to keep abandoned possessions. While the Torts Act suggests a three-month retention period, it primarily applies to possessions left for repair or other temporary purposes. We recommend specifying a reasonable notice period in the initial tenancy agreement, typically around 14 days, before legally disposing of or selling the abandoned items.
Withholding Possessions for Outstanding Debt
It’s important to note that possessions cannot be withheld to cover outstanding debts. Proceeds from the sale of abandoned goods may be used to repay debts, but only after the proper procedures have been followed. You must obtain the best possible price for the goods and return any excess funds to the tenant after settling the debt and costs. It’s also crucial to maintain thorough documentation throughout the process.
Untraceable Tenants
In some cases, tenants may not be traceable after leaving possessions behind. In these situations, landlords are permitted to dispose of or sell the items. However, it’s essential to exhaust all possible measures to locate the tenant and keep accurate records of the attempted tracing process to remain compliant with the law.
Handling abandoned possessions as an HMO landlord is a process governed by laws and legal requirements. It’s crucial to understand your rights and obligations and follow proper procedures to remain compliant with the law. Taking the time to familiarise yourself with the legal framework will help you avoid legal and financial pitfalls in the future. So, if you have a tenant who has recently moved out and left belongings behind and want to know where you stand, why not call the Rooms in Kent team on 01233 367 367 who are here to help you navigate wha t do with them.
