The legal position after the warrant
Once the bailiff has executed the warrant of possession, the landlord has lawful possession of the property. The former tenant's belongings, however, remain their property unless and until they are formally abandoned through the Tort Notice process. This is the legal subtlety that traps inexperienced landlords — disposing of items without following the process exposes the landlord to a claim for damages from the former tenant, sometimes weeks or months later.
The Tort Notice process in detail
Schedule 1 of the Torts (Interference with Goods) Act 1977 sets the procedure. Step one: serve written notice on the former tenant at the last known address, specifying the items and the intention to sell or dispose of them after a reasonable period. Step two: wait the statutory minimum (typically three months, longer for higher-value goods). Step three: dispose of the goods, documenting the disposal and any sale proceeds. Step four: account to the former tenant for any sale proceeds for six years from the date of sale, less the costs of storage and sale.
Items we hold versus items we dispose of
On the day of clearance we triage everything. Items of obvious personal value — passports, ID documents, family photographs, jewellery, prescription medication, cash — are bagged, labelled and stored separately. We hold these for collection by the former tenant for the statutory period. Items of no obvious value — broken furniture, general waste, soiled mattresses — are disposed of immediately under the assumption that no reasonable person would claim them. The middle category (usable furniture, electrical goods, clothing) is documented, stored briefly, and disposed of after the Tort Notice period if uncollected.
Coordination with the bailiff's report
The county-court bailiff or HCEO who executed the warrant will have produced a report on the state of the property at the moment of execution. Where this report is available to you we can match our own documentation to it, creating a continuous chain of evidence from the moment the warrant was executed to the moment the property is ready to re-let. This continuity matters in any subsequent dispute.
Insurance recovery against the former tenant
Where the property has been left in a state that supports a damages claim — beyond normal wear and tear, beyond the deposit amount — our documentation supports a small-claims recovery against the former tenant. Where you carry rent-guarantee insurance, our documentation supports the claim against the insurer. Either way, the records we produce at the end of the clearance are built for legal use.
Frequently asked questions
Can the former tenant come back and claim their belongings after we've cleared?
Yes, in principle — and they may claim damages if you've disposed of items without following the Tort Notice process. This is why following the process matters. With proper Tort Notice compliance, the former tenant's claim against you fails.
How long do you store items before disposal?
By default, three months from service of the Tort Notice for items of low value, six months for items of higher value. Longer storage is available at framework rates.
What if the former tenant's forwarding address is unknown?
We serve the notice at the last known address (often the property itself) and document our efforts to identify a forwarding address. This satisfies the 'reasonable efforts' requirement of the statute.
Will you sell items on the landlord's behalf?
Yes, where instructed and where the Tort Notice period has expired. Sale proceeds are paid to you net of selling fees, and we maintain the six-year account-to-former-tenant trail required by the statute.
How much does post-eviction clearance cost?
Same as eviction clearance — £350–£600 for one-bedroom flats, £600–£1,200 for two-to-three-bedroom houses, larger or contaminated properties quoted individually.