Sandy Bastin

This month’s dispute concerned a landlord’s claim relating to the cost of removing and disposing of items left behind at the property following the end of a three-year tenancy.

The landlord stated that the tenant had failed to clear the property before vacating, leaving a number of unwanted possessions in the loft, garden shed, and rear garden.

The landlord stated that they had incurred costs arranging for the items to be removed so that the property could be re-let.

The evidence

Claims for the removal of abandoned belongings are a frequent source of dispute at the end of a tenancy. Landlords often consider any items left behind to be the tenant’s responsibility, while tenants may highlight that the items were of little value, belonged to previous occupiers, or that the costs claimed are excessive. In this case, the tenant accepted that some belongings remained at the property but disputed the amount claimed, stating that the volume of items was limited and that the landlord had not demonstrated that the full cost was necessary.

The landlord relied on the check-out report, which recorded a number of items remaining at the property, including bags of household goods, broken garden equipment, and miscellaneous personal belongings stored within the shed. Photographs supported the claim and showed that the items had not been removed prior to the tenant’s departure. The landlord also provided an invoice from a waste removal contractor detailing the costs incurred in clearing and disposing of the items.

The outcome

In determining the claim, the adjudicator was satisfied that the tenant had failed to return the property free from their possessions and that the landlord had reasonably incurred costs in arranging for their removal. The check-out report, photographs, and contractor’s invoice provided sufficient evidence of the extent of items to be removed and that the claimed amount was reasonable. The adjudicator, having reviewed the evidence, determined that the award was to be made to the landlord.

So, what are the key points here?

+ Tenants should ensure all personal belongings are removed before the tenancy ends.

+ Photographs and detailed check-out reports are important in establishing the extent of any items left behind.

+ Make sure to check the tenancy agreement for any procedures that must be followed if goods are left behind at the end of the tenancy.

+ By following these tips and using a trusted deposit protection scheme like the Tenancy Deposit Scheme, landlords and letting agents can ensure disputes are resolved efficiently and fairly.

For further guidance, visit the TDS Help Centre to explore our deposit dispute resources. Property professionals can also build their knowledge through TDS Academy’s expert led training courses, covering deposit protection, dispute prevention, check-in, check-out and inventories. Click here to see our updated CPD courses.

 

Sandy Bastin is director of resolution at TDS Adjudication Services – the only not-for-profit tenancy deposit protection scheme.