Torts act 1977 section 12 schedule 1

[13skulls]

My housing officer on my shared ownership property has issued a letter stating that they will remove items from cupboards and from the hall way quoting
'Torts act 1977 section 12 schedule 1'

They also state they will store items at our cost before disposing of them.
Could someone who understands explain that piece of law.
Are they using the right piece of law? Can they just dump stuff ?

Thank you. Any advice would be appreciated.

[R0b]

Re: Torts act 1977 section 12 schedule 1

Hello, your housing officer means section 12 (1) of the Torts (interference with goods) Act 1977.

What it means is that they must give reasonable notice to the owner of the goods that if they are not claimed or collected, otherwise they are deemed to be abandoned and then they have a legal right to dispose of the goods and claim back any associated costs in connection with the disposal.

If they are claiming storage costs before the notice has been given to you then they must give 3 months notice before the goods can be disposed or sold at auction.

[13skulls]

Re: Torts act 1977 section 12 schedule 1

But the housing officers knows who they bolo g to so how can they be deemed to be abandoned ? Thanks for the reply.

[R0b]

Re: Torts act 1977 section 12 schedule 1

Just because the housing officers know who they belong to doesn't mean they have to look after if until the owner decides themselves if and when they want to come and collect the goods. This is the whole purpose of section 12.

The person in possession of the goods is under an obligation to trace and notify the owner collect the goods in question. Normally the first letter will be a polite letter to come and collect, but if there owner does not come and collect them, then the second letter will normally state that unless the goods are collected by X date, then the goods are treated as abandoned and it gives the person in possession the right to sell them or dispose of them. Any proceeds from the sale will have to be give back to the owner

[13skulls]

Re: Torts act 1977 section 12 schedule 1

The issue is the landlord has is the goods are in a communal area at the moment and they want them moved or they have ordered that they will get rid of them.

- - - Updated - - -

Pp the good/ my stuff hasn't been moved by anyone yet. And it's been there for many years without issue.

[R0b]

Re: Torts act 1977 section 12 schedule 1

Well the question is are you legally entitled to store your goods in the communal area? If the answer is no then I don't really think you have much of a leg to stand on.

When you say they have been there for many years how many years are we talking? More than 10 years? If you can prove that the goods have been there uninterrupted for more than that period of time that is to say you were not notified of any objection then you may have a legal right, but I think that will be subject to any health and safety laws and compliance.

[Diana M]

Re: Torts act 1977 section 12 schedule 1

The issue is the landlord has is the goods are in a communal area at the moment and they want them moved or they have ordered that they will get rid of them.

Pp the good/ my stuff hasn't been moved by anyone yet. And it's been there for many years without issue.

Could the Landlord simply want to comply with current fire regulations?

Di