What is a Tort Notice? Explained for Property Owners

What is a Tort Notice?

A tort notice is a legal document issued by landlords to deal with goods left behind by a tenant who has abandoned a property. It is governed by the Torts (Interference with Goods) Act 1977 in the UK and serves to protect landlords from liability when disposing of or handling the tenant's belongings.

When to Use a Tort Notice

1. Tenant Eviction or Departure:

   • The tenant has left the property but failed to remove their belongings.

2. Abandonment:

   • The tenant vacates without notifying the landlord, leaving items behind.

3. Disputes Over Ownership:

   • Items are left, and the landlord needs to clarify ownership before taking action.

How to Issue a Tort Notice

1. Identify the Belongings:

   • List all items left behind, including descriptions and estimated values.

2. Notify the Tenant:

   • Send the tort notice to the tenant's last known address or any forwarding address provided.
   • Include the following:
     • A description of the goods.
     • A deadline for the tenant to collect their belongings (e.g., 14 days).
     • A statement that the landlord intends to dispose of the goods if not collected.

3. Store the Goods:

   • Securely store the items until the notice period expires.
   • Avoid using the goods or causing damage during this time.

4. Dispose of the Goods:

   • If the tenant does not collect the items within the specified period, the landlord can sell, donate, or discard the goods.
   • Proceeds from any sale must first be used to cover storage or disposal costs, with remaining funds held for the tenant.

Legal Considerations

1. Reasonable Effort:

   • Landlords must make reasonable efforts to contact the tenant and give them an opportunity to collect their belongings.

2. Proportionality:

   • The disposal or sale of goods should be proportional to their value.

3. Record Keeping:

   • Keep detailed records of the notice, correspondence, and any actions taken regarding the belongings.

4. Potential Claims:

   • Tenants can claim damages if the landlord fails to follow the correct process or causes undue harm to their belongings.

How Fraser Bond Can Assist

At Fraser Bond, we offer expert guidance to landlords dealing with abandoned goods:

• Tort Notice Drafting:
  Ensure your notice complies with legal requirements.

• Legal Support:
  Advice on handling disputes or tenant claims.

• Property Management:
  Assistance with preventing abandonment issues through effective tenancy agreements and communication.

Conclusion

Issuing a tort notice is a legal and practical step for landlords dealing with tenant-abandoned goods. By following the correct procedures, you can protect yourself from liability while managing your property efficiently.

For expert assistance with tort notices or other landlord responsibilities, contact Fraser Bond today. Let us help you navigate the complexities of property management with confidence.