What is a Torts Notice, and When Do You Need It?

If you own property or rent it out in the UK, you might find that tenants or people who live there leave things behind after they leave. It can be hard to know what to do with abandoned items like furniture, cars, or personal belongings. To protect your interests and stay within the law in the UK, you need to know how to properly serve a Torts Notice under the Torts (Interference with Goods) Act 1977.

At Shergroup, we help landlords and property owners deal with these difficult situations with confidence and legal certainty. We are experts in property enforcement and legal compliance.

What does Torts Notice mean?

A Torts Notice is a legal document that is served under the Torts (Interference with Goods) Act 1977 (TIGA 1977), Section 12, which talks about “Bailee’s power of sale.” This law gives property owners a legal way to deal with goods that have been left behind on their property.

When someone leaves their things on your land or in your building without your permission, you automatically become an “involuntary bailee” of those things. This legal status comes with certain rights and responsibilities that must be carefully managed to avoid any possible legal problems.

Important Parts of a Tort Notice

The Torts Notice does several important things:

• Legal notice to the owner of goods that have been left behind
• Official warning about what you plan to do with the property
• Protection for you as the property owner against claims of improper disposal
• Following the rules set out by TIGA 1977

When Do You Need to Send Torts Notice?

Property owners need to know when to serve a Torts Notice. In some situations, you will need to send out a tort claim notice:

Property Left Behind by a Tenant

The most common situation is when tenants leave things behind after their lease ends. This could include:

Things for the house and furniture

• Clothes and personal items
• Devices that use electricity
• Papers and documents
• Cars parked on the property

Things left behind by trespassers

When dealing with goods that have been left behind by:

• People who have been removed from your property without permission
• People who have left but left things behind
• People who have left your land to travel
• People whose names we don’t know and can’t find out

Situations with Commercial Property

Business premises may also need Torts Notices for:

• Items left behind by previous tenants
• Stock or inventory left behind in business units
• Cars left in parking lots or business yards
• Machinery or tools used in industry

The Torts (Interference with Goods) Act 1977 is the law that governs this.

The Torts (Interference with Goods) Act 1977 is the law that governs how to deal with abandoned property in the UK. To follow the law correctly, you need to understand it.

Section 12: The Bailee’s Right to Sell

Section 12 of TIGA 1977 talks about the rights and duties of people who are involuntary bailees. Important parts are:

• Responsibility to take care of the abandoned goods
• The right to get back the costs of storage and disposal
• The right to sell things after giving proper notice
• Protection from being held responsible when the right steps are taken

What You Need to Do as an Involuntary Bailee

As an involuntary bailee, you have certain legal duties:

• The abandoned goods must be taken care of in a reasonable way.
• The owner (if known) must be given proper notice.
• People must try to find owners who are not known.
• Throughout the process, accurate records must be kept.

What Should a Torts Notice Have?

Your tort notice must include certain information as required by the Torts Act notice provisions in order to be legal:

Important Information Needs

1. Inventory in Detail

• A full list of all the goods that were left behind
• A description that is enough to tell each item apart
• The state of things when they were found
• Pictures as proof

2. Details about storage

• The exact place where things are being kept
• Arrangements for the property’s security
• If necessary, arrangements for access
• How to get in touch with us to make a request to see

3. Information about the time frame

• Recommended: at least 14 days’ notice
• A specific date after which disposal may happen
• A clear deadline for the owner to pick up

What happens if you don’t collect

4. Terms of Sale and Disposal

• How to get rid of it (sell it, give it away, or destroy it)
• Where and how the sale is planned to take place
• Costs that will be taken out of the money from the sale
• How to get any extra money

5. Details about how to get your money back

Costs for storage are being incurred.

• Fees for administration
• Costs of legal action (if applicable)
• Costs of selling or getting rid of
• Language and Formatting for the Law

Your notice of a federal tort claim should be:

Language that is clear and unambiguous

Professionally presented on headed paper

Following all legal requirements

• Signed and dated correctly by the owner or agent of the property
• How to Properly Serve a Torts Notice
• For your tort claim notice to be legally valid and to protect you from future claims, it must be served correctly.
• Requirements for Service to Known Owners

How to Serve Torts Notice Properly

Proper service of your tort claim notice is crucial for legal effectiveness and protection against future claims.

When you know who the owner is and where they live:

• Send it to their last known address by recorded delivery.
• Keep proof of sending and getting the package.
• Give the mail enough time to get there.
• Think of email service as an extra way to get notifications, not a replacement.

Procedures for Unknown Owners

For things that were left behind by people you don’t know:

• Do reasonable searches to find out who you are
• Look at local records and databases
• Ask around locally when it’s appropriate
• Keep detailed records of all your search efforts.

Requirements for Physical Notice

No matter what other ways of providing service:

• If you can, put the notice on the goods themselves.
• Make sure the attached notice is easy to see
• Use materials that can handle the weather when you’re outside.
• Take a picture of the notice that is attached as proof.

When and how to send out tort notices

To follow the law and manage property well, you need to know the right timeline.

Timeframe of the Standard

The law doesn’t say how long the notice period must be, but 14 days is usually the minimum. Think about:

• Type of goods (more notice may be needed for valuable items)
• Reasons for leaving (emergency situations may be different)
• Holidays and other seasonal factors may affect service and response times.
• Local factors (remote areas may need more time)

Steps in the Process

Discovery and Documentation

• Take pictures of all the things that have been left behind.
• Make a detailed list of everything
• Write down the date and conditions of the discovery.

Identifying the Owner

• Look for information that will help you identify
• Look at the records of tenants
• Ask reasonable questions

Making Notice

• Write a Torts Notice that follows the rules
• Include everything that is needed
• Make sure the presentation is professional

Notice of Service

• Send by recorded delivery if you know the address
• Put a physical copy on the goods
• Keep a record of all service attempts.

Time to Wait

• Let the full notice period run out
• Take good care of your things
• Keep detailed notes

Throwing away or selling

• Only go ahead after the notice period has ended
• Get the best price you can reasonably get
• Consider the costs and profits

Things You Shouldn’t Do

Many property owners have legal problems because of mistakes that happen often in the Torts Notice process:

Not enough time to give notice

• If you rush the process, you could lose your legal protection.
• Seasonal factors should make notice periods longer.
• It may take longer to complete tasks with complicated or valuable items.

Poor Documentation

• Not having enough pictures can cause problems.
• Claims may come from incomplete inventories.
• Not having service records can make legal protection less effective.

Bad Ways to Get Rid of Things

• Getting rid of valuable things without trying to sell them first
• Not considering the money made from disposal
• Poor storage that damages goods

Service Problems

• Not enough searches for owners who are not known
• Notices that are not valid because of bad postal service
• Not attaching notices to goods physically

Things to think about and special situations

When serving Torts Notices, there are some situations that need extra care:

Things of High Value

Items that are expensive or might be valuable need:

• Longer notice periods (think about 21 to 28 days)
• When necessary, a professional valuation
• Better security measures while in storage
• Specialised ways of getting rid of things to get the most back

Dangerous Materials

Dangerous or regulated things need:

• Handling and storing by experts
• Things to think about for environmental compliance
• Ways to get rid of things that are legal

More safety steps

Cars and Machines

• Motor vehicles and equipment need:
• DVLA looks for information about registered keepers
• Special needs for storage

Things to think about when it comes to insurance during the storage period

• Ways to get rid of things or sell them professionally
• Things that are personal and sentimental
• Things that are important to you need:

Longer notice periods when possible

More searching for owners

• Ways to throw things away that are sensitive
• Careful records of efforts to get back together with owners
• Legal Protection and Risk Control

Property owners get a lot of legal protection from Torts Notices, but it’s important to know what they can’t do.

What protection is given

When served correctly, a Torts Notice gives you:

• Defending against claims of conversion by former owners
• The right to get rid of abandoned goods legally
• Rights to get back money spent on storage and disposal
• A clear legal process for resolving future disagreements

Risks that are still there

There are still some risks, even with the right notices:

• Challenges to notice service procedures
• Disagreements about how to value and get rid of things
• Claims for costs that are too high or disposal that is not fair
• Time and money spent on following the law

Things to think about when buying insurance

Think about checking your insurance for:

• Protection against legal costs in property disputes
• Liability coverage for the public while items are in storage
• Protecting property for stored items

Professional liability if you are acting as a managing agent

Help from professionals and experts

It can be hard to deal with the many rules and regulations that come with Torts Notices, especially for property owners who must deal with multiple sites or valuable abandoned property.

When to Get Help from a Professional

Think about getting professional help for:

• High-value property that has been left behind and needs special care
• Ownership situations that are complicated and have more than one possible claimant
• Commercial properties with a lot of stuff that has been left behind
• Disputed situations where a legal challenge is likely to happen

Shergroup’s Expertise |

Our experienced team at Shergroup offers full support, which includes:

• Preparing Professional Torts Notices that are fully legal
• Setting up expert services with the right paperwork
• Inventory and photography services that give court-quality proof
• Disposal and sale management that gets the most money back while keeping costs low
• Legal help every step of the way

Financial and Cost Recovery Issues

To manage property well, you need to know how the Torts Notice process works financially.

Recoverable Costs

Under TIGA 1977, you can generally recover:

Costs of Storage

• Fair prices for safe storage
• Costs for security and insurance
• Costs for upkeep and safety
• Costs and time spent on administration

Costs of Disposal

• Fees for professional appraisals
• Fees for selling or auctioning
• Costs for moving and handling
• Costs for legal and administrative work

Cost Calculation Methods

Make sure your cost estimates are:

• Fair and in line with the value of the goods
• Receipts and records that are correct
• Rates that are competitive based on the local market
• Accounting that is open to inspection

Distribution of Surplus

Any extra money from disposal must be:

• Well-documented and properly accounted for
• Kept available for the original owner
• Given out according to the law
• Limited in time by law

Questions That People Ask About Torts Notices

Q: How long do I have to wait before throwing away things that are no longer needed?

The Torts (Interference with Goods) Act 1977 doesn’t say how long you must wait, but 14 days is a good amount of time to wait. For valuable items or complicated situations, you might want to extend this to 21–28 days to give the owner enough time to respond.

 

Q: What do I do if I can’t find the person who left things behind?

You must make reasonable efforts to find the owner if you can’t identify them. This includes asking around locally and looking through available records. You should still serve the Torts Notice by putting it on the goods in a way that makes it easy to see and keeping track of all your search efforts.

 

Q: Is it okay for me to charge people to store things they don’t want?

Yes, as an involuntary bailee, you can get back reasonable costs for storage, security, and administration. You can take these costs out of the money you make from any sale, but they must be reasonable and well-documented.

 

Q: What happens if the things that were left behind are broken or useless?

You still have to follow the right Torts Notice steps, even if the items don’t seem to have any value. Things that you think are worthless may have sentimental or real value to the person who owns them. You can get rid of things that aren’t worth anything in the right way after giving proper notice.

 

Q: Do I need a lawyer to send a Torts Notice?

Professional help is a good idea for valuable items or complicated situations, even though it isn’t required by law. Shergroup can help property owners with Torts Notice services that are fully legal and protect their rights.

 

Q: What if someone says they own the things after I’ve thrown them away?

If you followed the right Torts Notice process, you can’t be sued for conversion. But you must be able to show that you are following all the rules, such as serving the papers correctly, giving enough notice, and getting rid of the items in a reasonable way.

 

Q: Can I sell things that have been left behind privately, or do I have to use an auction?

You can use different ways to get rid of things as long as you get the best price you can in the situation. Depending on what the goods are and how much they are worth, this could mean selling them privately, at an auction, or giving them to charity.

 

Q: What kinds of records do I need to keep while the Torts Notice is going on?

Keep complete records, such as photos of all goods, detailed inventories, copies of notices served, proof of service, records of search efforts, receipts for disposal, and financial accounts that show costs and profits.

 

Summing Up | Shergroup’s Professional Torts Notice Services

When dealing with abandoned goods through the Torts Notice process, you need to pay close attention to legal details and follow the rules. Mistakes can put property owners at a lot of legal and financial risk but following the right steps can keep them safe.

At Shergroup, we know how hard it is for landlords and property owners all over the UK to deal with property law. Our full Torts Notice service makes sure that:

• Full legal compliance with the Torts (Interference with Goods) Act 1977
• Gathering evidence and writing professional documents
• Expert delivery of notices with correct records
• Cost-effective disposal that gets the most out of recovery while keeping costs low
• Full legal protection for the whole process

Our experienced team can help you deal with tenant abandonment, trespasser property, or complicated business situations with confidence.

Don’t take the chance of getting into legal trouble or losing money by dealing with Torts Notices without the right knowledge. Call Shergroup today to talk about your situation and find out how our professional services can protect your rights while making sure you follow the law.

Our helpful business solutions advisors are ready to help you right away, and they can set up urgent Torts Notice services when you need them the most. Don’t take chances with your property rights; call Shergroup for Torts Notice services that are professional, trustworthy, and follow the law.

Frequently Asked Questions About Torts Notices

Q: How long must I wait before I can dispose of abandoned goods?

Although the Torts (Interference with Goods) Act 1977 does not specify exact time limits, a time limit of at least 14 days is generally recommended. For high-value items or complex situations, consider extending this to 21-28 days to ensure the owner has sufficient time to respond.

Q: What if I cannot find the owner of abandoned goods?

If the owner cannot be identified, you must make reasonable efforts to locate them, including local enquiries and checking available records. You must nevertheless serve the Torts Notice by attaching it prominently to the goods and documenting all your search efforts.

Q: Can I charge storage fees for holding abandoned goods?

Yes, as an involuntary depositor, you can charge reasonable storage costs, security expenses and administrative fees. These costs can be deducted from the proceeds of any sale but must be reasonable and properly documented.

Q: What if the goods left are useless or damaged?

Even if the goods seem useless, you must still follow the proper tort notice procedure. Goods that seem useless to you may have sentimental or real value to the owner. After proper notice, you can dispose of the useless goods in a proper manner.

Q: Do I need a lawyer to serve a tort notice?

Although not legally required, professional assistance is advisable for valuable goods or in complex situations. Shergroup can provide expert tort notice services, ensuring full legal compliance and protection for property owners.

Q: What if someone claims ownership after I have disposed of the goods?

If you have followed the proper tort notice procedure, you have legal protection against conversion claims. However, you must demonstrate compliance with all statutory requirements, including proper service, adequate notice periods and proper disposal methods.

Q: Can I sell abandoned goods privately or do I have to use an auction?

You can use a variety of disposal methods, provided you get the best price reasonably achievable in the circumstances. This may include private sale, auction or donation, depending on the nature and value of the goods.

Q: What records should I keep during the Torts Notice process?

Keep comprehensive records, including photographs of all goods, detailed inventories, copies of notices served, proof of service, records of searches, disposal receipts, and financial accounts showing costs and income.

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