Tenant left belongings behind: landlord's options (UK)

Last updated 27 Oct 2026

A landlord in England, Scotland, Wales or Northern Ireland should not simply throw away or sell a former tenant's belongings: in England, Wales and Northern Ireland the Torts (Interference with Goods) Act 1977 gives a written-notice route to sell them, Wales has its own rules where a tenant has abandoned the home, and for Scotland we found no equivalent in primary sources or gov.scot guidance. Whether a landlord counts as a "bailee" under the 1977 Act is not settled by the Act itself, so take legal advice before selling anything of value.

Where each nation stands

Nation	Statutory route we found	Source
England	Notice and sale by a bailee under section 12 and Schedule 1 of the 1977 Act	Torts (Interference with Goods) Act 1977, s 12
Wales	Safeguarding for four weeks after abandonment under the Renting Homes (Wales) Act 2016; the 1977 Act also extends to Wales	Renting Homes (Wales) Act 2016, s 221
Scotland	The 1977 Act does not extend here; no private-tenancy equivalent found	Section 12 extent marking
Northern Ireland	The 1977 Act extends here, with its own wording of section 13	Torts (Interference with Goods) Act 1977, s 13

First, has the tenancy ended?

Belongings left in a home do not show that the tenancy has ended. GOV.UK's guide for tenants on notices of possession served after 1 May 2026 says that if a tenant leaves belongings, the landlord is responsible for making sure they are "kept safe", and that the tenant may have to pay extra costs such as storage. It also says a tenant may be able to claim money if the landlord disposes of belongings without permission. The same page is about possession by court process, so it is not a rule for every case.

Confirm the tenancy has actually ended before you treat anything as left behind. Our guides on possession in England, Scotland and tenant notice explain how tenancies end.

England: the 1977 Act notice

Section 12 of the 1977 Act lets a "bailee" sell goods in specified circumstances: where the bailor (the owner who left them) is in breach of an obligation to take delivery, or the bailee cannot trace or contact the bailor. The Act speaks of a bailee and does not mention landlords. Treating a former landlord as a bailee of goods left behind is a legal view, not something the Act states, and we found no GOV.UK guidance saying so.

If you proceed on that basis, the Act sets the steps:

Notice to collect (Schedule 1, Part I). A written notice, delivered, left at the bailor's proper address or posted, that gives your name and address, describes the goods and where they are, says they are ready for delivery, and states any amount due before the notice (paragraph 1).
Notice of intended sale (Part II). It must give your name and address, the goods and their location, the date on or after which you propose to sell, and any amount due before the notice (paragraph 6(1)).
Give enough time. The period before the sale date must give the owner "a reasonable opportunity of taking delivery". Where an amount due is stated, it must be not less than three months (paragraph 6(2) and (3)).
Send it by registered post or recorded delivery (paragraph 6(4)).
Do not sell during a dispute. You must not give the notice or sell if you know the owner is disputing or refusing to pay the sum claimed because of a dispute about the goods (paragraph 7).
Alternative where you cannot trace the owner. Section 12(3) allows a sale if you could not trace the owner after reasonable steps and are reasonably satisfied that the owner owns the goods.
Account for the proceeds. You must account to the owner for the proceeds less costs of sale, assuming the best method of sale reasonably available, and where you gave a Part II notice you may deduct sums that fell due before the notice (section 12(5)).

If the person you served did not actually own the goods, a sale does not give good title against the real owner (section 12(4)). That matters where belongings are a partner's, a flatmate's or on hire purchase. A sale made properly under the section gives the buyer good title against the bailor (section 12(6)).

Wales: abandonment and safeguarding

Occupation contracts in Wales are under the Renting Homes (Wales) Act 2016. Where a landlord has good reason to believe the home is abandoned, gov.wales' guidance on abandoned dwellings describes a four-week warning notice, enquiries, then a notice ending the contract. Section 221 lets Welsh Ministers make regulations on property left in the dwelling when a contract ends this way, and it came into force fully on 1 December 2022.

The gov.wales guidance says that under the Safeguarding Property in Abandoned Dwellings Regulations the landlord must safeguard remaining property for four weeks, with two exceptions: property that is perishable, where storage would be unreasonably inconvenient or expensive, and property whose likely sale value would not cover the safeguarding expenses. It recommends an inventory with photographs of anything not safeguarded. If the owner claims it within four weeks it must be returned and the landlord can recover safeguarding expenses; if not, the landlord may sell or otherwise dispose of it. The contract-holder can challenge the repossession for up to six months.

The 1977 Act also extends to Wales, but the gov.wales page does not say how it fits with the abandonment rules. If a Welsh contract ended some other way, the position is a legal question.

Scotland

Section 12 of the 1977 Act is marked as extending to England, Wales and Northern Ireland, not Scotland. We found no gov.scot, mygov.scot or primary-source statement of what a landlord must do with belongings left after a private residential tenancy ends. The Scottish Secure Tenancies (Abandoned Property) Order 2002 is made for Scottish secure tenancies, which are social housing, so it is not a rule for a private landlord. Because we found nothing to state, take legal advice before disposing of anything.

Northern Ireland

The 1977 Act extends to Northern Ireland, with its own version of section 13, which defines "the court" differently from the England and Wales text. We found no nidirect guidance on belongings left behind after a private tenancy, so the same caution applies: stored belongings should be kept safe and not disposed of until you have advice.

What to do in every nation

Photograph and list everything left, with the date, before you move or store it.
Write to the last known address and any forwarding address, say what you hold and give a collection date, and keep proof of posting.
Keep the items safe. GOV.UK's tenant guide says the landlord is responsible for keeping them safe.
Keep records of every attempt to contact the tenant. See what records to keep.

Frequently asked questions

Can I throw away belongings a tenant left behind? Not safely without first checking the tenancy has ended and following the route for your nation. GOV.UK's tenant guide says a tenant may be able to claim if a landlord disposes of belongings without permission.

What is a Torts Act notice? It is the written notice under Schedule 1 of the Torts (Interference with Goods) Act 1977 that a bailee sends to the owner of goods, asking them to collect or giving a date of sale.

How long must I wait before selling a tenant's belongings in England? The notice must give a reasonable opportunity to collect, and not less than three months where it states an amount due before the notice (Schedule 1, paragraph 6).

What happens in Wales if a tenant abandons the home? The landlord follows the abandonment procedure in the Renting Homes (Wales) Act 2016 and must safeguard remaining property for four weeks, according to gov.wales.

Does the Torts Act apply in Scotland? No. Section 12 is marked as extending to England, Wales and Northern Ireland only, and we found no private-tenancy equivalent for Scotland.

Can I keep the proceeds if the tenant owed rent? Under section 12(5), after a Part II notice you may deduct sums that fell due before the notice from the proceeds, and you must account for the rest.

Keeping the evidence with Letbook

Letbook is a compliance tracker for landlords in all four UK nations. It keeps each property's documents and tenancy dates in one place, so your check-out evidence and the dates you contacted a tenant are easy to find. It does not serve notices or advise on sale of goods. Sign up free.

Sources

Facts checked on 27 October 2026. We found no GOV.UK, gov.scot or nidirect guidance on the 1977 Act notice for landlords, so this page states only what the Act and the pages above say; whether it applies to a given landlord is not settled here. This page is general information, not legal advice.