Tort Notices in Property Disputes

“Involuntary bailment” occurs when a person or entity comes into possession of another’s property without their consent or agreement.

In property disputes, this commonly arises when goods are left behind at the end of a lease (often following forfeiture) or a tenancy agreement. It can also arise when items are left behind after a property sale. For example, if someone sells a house and does not take all their belongings with them.

In these situations, the law provides a tool called a Torts Notice.

What is a Torts Notice?

A Torts Notice imposes an obligation on an individual to collect the goods and allows the holder of those goods to sell them if the original owner fails to collect.

The notice makes it clear to the original owner that the items must be collected within a reasonable timeframe. It should also explain that uncollected goods may be stored at the owner’s expense or ultimately disposed of. In some cases, a bailee may have further rights, such as a lien to retain goods until payment is made, or a statutory right of sale under the Torts (Interference with Goods) Act 1977 if proper written notice is served.

Dealing with large quantities of items

Sometimes a property is left with a considerable number of items left behind. Upon the sale of a property, a seller is expected to provide ‘vacant possession’ at completion, meaning the property must be clear of goods or rubbish that prevent proper use.

The courts have stressed this in Legal & General v Expeditors [2007] EWHC 1008 (Ch) and NYK Logistics v Ibrend Estates [2011] EWCA Civ 683, where leaving behind items was held to breach the duty to give vacant possession. If significant goods remain, the buyer may bring a breach of contract claim, including recovery of removal costs.

In practice, it is sensible to catalogue items, notify the owner, and set a reasonable deadline for collection. The notice should also explain that if the items are not collected, they may be stored securely or disposed of. Following the correct procedure protects your legal position and reduces the risk of disputes.

How Ashtons Legal can help

Our property team can guide you through every step. We can help you decide whether a Torts Notice is needed, draft it properly, and ensure it is served correctly. We can also advise on handling uncollected items, whether that means storing them safely or disposing of them. Finally, we can provide guidance on any claims for compensation that might arise.

Property disputes involving uncollected items can be complicated, especially when there is a lot to deal with. Serving a Torts Notice correctly is key to protecting your rights and avoiding future problems. At Ashtons Legal, we will guide you through the process and make sure your interests are fully looked after.

Contact our Property Disputes solicitors today

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