When you need a torts notice

by David Asker

13:40 PM, 13th August 2019
About 5 days ago

When you need a torts notice

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When you need a torts notice

A torts notice is a legal document alerting the owner of items that have been abandoned on private land or property. It is issued in accordance with the Torts (Interference with Goods) Act 1977. The fact that items or property have been left on your property or land makes you an involuntary bailee. This includes items such as cars, furniture and personal belongings. Even if in your opinion the items appear to be rubbish, you should.

You’ll need a torts notice if this applies to you, this is even the case if you have had items left behind by ‘persons unknown’ which includes squatters and travellers. As an involuntary bailee of the abandoned goods, you must take care of the items that have been left behind.

As a landlord need to create a tort notice, this should be sent to the individual if their address is known and if their address isn’t known you should make reasonable efforts to trace them.

You should also attach the tort notice to the items so that it can be clearly viewed.

What the tort notice should include

The tort notice should include the following detail

  • An itemized list of the goods
  • Where the goods are being kept
  • Information about how long you will keep the goods before you sell or dispose of them, it is recommended that you give at least 14 days
  • If you intend to sell the items, where the sale will take place
  • If the items are to be sold, that storage and selling fees will be deducted from the proceeds of the sale

We would thoroughly recommend taking a photo of the tort notice you have affixed for evidence should there be any issues.

As a landlord, it is important that you carry out these steps to protect yourself from any legal action. Here at the Sheriffs Office will affix appropriate tort notices if we are evicting on your behalf and we ensure that this complies with all current legislation.

Contact The Sheriffs Office



Comments

Chris Daniel

11:31 AM, 14th August 2019
About 4 days ago

The legalities of dealing with Abandonded goods are quite brief and unfortunately vague in practical terms.
This is why I've written detailed advice on practically dealing with different types of abandonded property that could be left behind - as an illustration of what the legislation is looking for from an ' Involuntary baillee ' ( that's you - Landlords ! )
see the Landlord Advice menu - Abandoned Goods on my web site PossessionFriend.uk
Hope it helps, welcome feedback.

Luke P

11:54 AM, 14th August 2019
About 4 days ago

Reply to the comment left by Chris Daniel at 14/08/2019 - 11:31
Dealt with an CC Bailiff eviction last week (which saw my car 'keyed' by the tenant). Once he'd been removed, I wouldn't allow him back in but only his removal team. He wanted to take all the things of value (mostly small items) and leave his junk (mostly furniture) behind. I told him he takes everything or he's not getting any of it. The removal team took the lot after he realised he couldn't get in to orchestrate it as he wanted...and that's what annoyed him. This is a tenant that owes £9.5k in rent in one of the poorest towns in the country (I took it on for a client specifically to repossess).

Adam Withford

20:55 PM, 17th August 2019
About 6 hours ago

Can a torts notice be used in the case of an ex after leaving your own property?


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