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Question

After the Court Order — and Eviction (England) | Ending a Tenancy (England) | England

Abandoned Goods

7 Sep 2021 | 1 comment

Hi,

I have an AST tenancy that has just ended after the obtaining of a possession order and subsequent bailiff appointment. The tenant has left some items.

I have read your helpful article on goods left at property and section 4 as regards tenancy agreement provisions, but wonder whether you could clarify one point. The AST provides some provisions and procedure as to what should happen with items that are left. The paragraph commences with an obligation upon the tenant to pay reasonable removal and/or storage charges for items which can be easily stored or moved by the landlord for a maximum of 14 days, but says charges will only apply if written notice is given to the tenant about the items which haven’t been cleared  at a forwarding address or after reasonable efforts to contact the tenant if there is no forwarding address, as here. If not then collected within 14 days of notice, they can then be disposed of with the tenant responsible for the costs.

In view of the provision, is it still necessary to follow the Torts(Interference with Goods) Act 1977 at all, or can the provisions of this be disregarded. For example, if I do trace the tenant, do I have to follow any specific format and refer to the notice as being by reference to the act?

Can notices be served by e-mail in general as regards the provision, but only if the AST allows? (although I don’t have an e-mail) Can notices be served by e-mail if the only option is under the 1977 act?

Thanks

 

Thanks

 

Answer

1 Comment

  1. guildy

    Following the tenancy agreement should be fine and you won’t need to worry about the Goods Act.

    That being said, the forms that relate to the Goods Act might be just as easy to use for giving notice about the items so you get the best of both worlds.

    The forms can be found under this category (and are also linked form the page you referred to).

    Serving by email is certainly okay if it’s a term of the tenancy allowing. However, with a notice like this, we would also back it up with “in writing” just to play it safe (if you get a forwarding address of course).

    If there was a tenancy deposit, under the prescribed information there should be a post tenancy address. That address can be used for this purpose (doesn’t have to be only used for deposit correspondence).

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