With people moving in and out of various residential and commercial properties all the time, building managers, estate agents, and landlords face a gruelling task of checking if the empty premises are left as they should be.
When a building is vacated, there are already key checks to make regarding a property’s maintenance or whether the occupants left the property in a reasonable condition. However, one of the most challenging tasks can be dealing with people’s discarded belongings. These might vary, so understanding the legal, ethical, and practical considerations is key for navigating any complex situations effectively.
Understanding why properties are empty
According to reports, approximately 700,000 homes in England stand empty each year with more than 261,000 classed as ‘long-term empty’. When the occupants move out, for whatever reason, some often leave personal items behind for the building’s manager, agent, landlord, or even the relatives to sort out, rehome, or remove safely in their absence.
Depending on why a property has become empty, and the personal circumstances surrounding the reasons why they might have left abruptly, certain issues can arise according to different scenarios. Perhaps the previous resident may have been in the middle of a tricky divorce or separation with one party quick to move out and leave without thinking of their personal effects.
A business might have folded, or someone has died but, regardless of the scenario, there are several points to consider if you’re a landlord, agent, or manager dealing with any discarded belongings. While you might find strange items left behind like pets, or plenty of unopened letters, most people typically leave unwanted clothes, furnishings, pictures, and household items. Some reports list the top discarded items as food, decorations, tools, furniture, and rubbish. With this in mind, the biggest task is likely to be throwing things out.
Being prepared for different scenarios
While most belongings are unwanted or destined for the skip, if tenants do leave a property empty with belongings behind, it’s important to tread carefully, especially if the occupants left on difficult terms. In some situations, maintain neutrality and follow legal procedures.
The legalities surrounding discarded items are multifaceted. Although property owners have rights, they must also respect the rights of former occupants. The Torts (Interference with Goods) Act 1977 is a key piece of legislation that governs how to handle abandoned possessions. Under this Act, reasonable steps must be taken to contact former occupants and provide them with an opportunity to collect their belongings.
Typically, this involves sending a written notice to the last known address of the former occupant, detailing the items left behind and providing a reasonable timeframe for collection.
If the former occupant fails to respond or collect their belongings within the specified period, you do have the right to dispose of the items in a reasonable manner.
While it’s possible to charge a former tenant to remove items, it’s unwise to sell anything of any cash value in case they ask for them back. From the outset, act quickly because any type of residential or commercial property, left vacant for too long, can lead to damp issues, pests, break-in attempts, or even attract vandals and squatters. A neglected property isn’t a great look in any area and might become a sitting target for criminals.
Documenting items abandoned in properties
Once you have confirmed that no one is returning to claim any unwanted belongings, documenting everything left in the property is essential. You’ll want to create a detailed inventory of all items left behind and this documentation will be invaluable in case disputes arise.
The case of divorcing couples presents unique challenges when it comes to discarded belongings. During divorce proceedings, the division of assets, including personal belongings, can become a contentious issue. Property owners or managers may find themselves caught in the middle of disputes over ownership.
Meanwhile, if an occupant has passed away, their belongings fall under the jurisdiction of their estate. Property managers, agents, and landlords should work with the deceased's executor or next of kin to handle these belongings appropriately. This often involves allowing family members time to sort through and collect personal items of sentimental value.
Respecting occupants’ private belongings
Beyond legal requirements, property owners should also consider the ethical implications of handling discarded belongings. Personal items, even if legally abandoned, can hold significant sentimental value. Treating these items with respect and making reasonable efforts to return them to their owners is not just legally prudent but ethically sound.
Privacy is another crucial ethical consideration. Discarded belongings may include personal documents or items that contain sensitive information. Property owners should handle such items with care, ensuring they are securely stored or destroyed as appropriate.
For valuable or sentimental items, consider short-term storage solutions. This can provide a buffer period for resolution and demonstrate good faith efforts to protect the former occupant's property. When disposal is necessary, choose methods that are both legal and appropriate for the items in question. This might include selling valuable items, or responsibly discarding unusable items.
Striking a balance
The key is to strike a balance between respecting the rights of former occupants and asserting the property owner's right to clear and reuse their buildings. Local councils work alongside the official Empty Homes Network to create opportunities to bring empty homes back into use and offer guidance on clearing them up. This often requires patience, diligence, and a willingness to seek professional advice when faced with particularly complex situations.
In rare circumstances, the disposal of discarded belongings might raise health and safety concerns as well as environmental ones. If in doubt, get in contact with your local council, and always dispose of items as sustainably as possible by donating items to charity shops or community organizations, recycling materials such as paper, plastic, or electronics, and utilising responsible waste management services for items that cannot be reused or recycled.
Dealing with discarded belongings in empty buildings and ensuring the properties are secure and being managed correctly can be a complex issue that requires a balanced approach. Property owners and managers must navigate a maze of legal requirements, challenging scenarios, and practical challenges.
By following best practices, maintaining thorough documentation, and approaching each situation with knowledge and compassion, it's possible to handle these situations effectively.