• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Issues after a tenant abandons a property used as a cannabis farm

This post is more than 10 years old

May 6, 2015 by Tessa Shepperson

cannabisHere is a question to the blog clinic from Marc who is a landlord

I recently received this email from my tenant

‘ …sorry about this but my guarantors took my keys off me moved all my things out without telling me and took over the house I had a argument with them they wanted the house off me.’

I went over to the property the same day and the locks had been changed. I called a locksmith to gain entry. After securing the premises I left a note in the window saying that for security reasons the locks had been changed and left my contact number.

The following day Saturday, I visited the property and the front door had been forced open with broken glass everywhere. I called the police who arrived and searched the property and found cannabis plants growing and my property being used as a cannabis farm.

I have tried to contact the tenant a number of times but haven’t received and further response from her either by email or text.

The police have told me that the property has been abandoned and belongings left behind are mine to do as I please.

My question therefore what do I do with all the stuff that’s been left behind, mainly dirty underwear, a bed, a leather settee, a play station and games etc. All the drugs have been removed by the police who are now treating my house as a crime scene.

My tenant had a AST tenancy agreement which changed to a periodic agreement some time ago .Her deposit is protected through one of the government approved schemes.

There is extensive damage throughout the property including an attempt to bypass the electric meter, installation of ducting running through to the loft etc.

Answer

An unfortunate situation and one sadly that is happening to not a few landlords.

So far as the tenants possessions are concerned, the police are wrong, they do not now belong to you, they still belong to the tenant. Even if the property has been abandoned this does not somehow transfer ownership of the goods left in it.

You are in the position of an ‘involuntary bailee’ and are required to hold the items for the tenant. You can only sell or dispose of them if you follow the requirements set out in the Torts (Interference with Goods) Act 1977.

These involve sending a letter by recorded delivery to the owner of the goods’ address giving them a reasonable period of time to remove them. However if after making reasonable efforts to find the tenant you are unable to do so, this requirement is waived.

This act was passed in 1977 and so before texts and emails were with us, and they do not count under the act.

It is not entirely unknown for owners of ‘abandoned goods’ to make a claim for them (eg see here) so it is best to keep a record of what you do. However, if you are able to prove that you have tried to locate the occupier without success and also that they goods have no value, you are able to dispose of them.

If any of the goods appear to have some value, the best way to deal with them is to put them up for sale in an auction. Any proceeds of sale will belong to the tenant but in view of your financial losses the tenant would have an uphill job recovering anything from you.

Some notes on other issues

It sounds as if the property has been abandoned and I think it unlikely in the circumstances that the tenant will return and claim that he has been unlawfully evicted by you. However take a look at this post which explains the concept of implied surrender.

So far as the deposit is concerned, you should be able to use it to offset at least part of your losses.

Previous Post
Next Post

Filed Under: Clinic Tagged With: abandonment, cannabis farms

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Comments

  1. Industry Observer says

    May 8, 2015 at 11:42 am

    Had one of these last week Police said same thing.

    This was after they had smashed all the equipment and cut all the power cables, that is what they mean by what is there is the Landlord’s – they mean to dispose of.

    They will not mean the personal effects which will have no value anyway.

    Change locks an re-let – the perpetrators never come back in case it is under surveillance.

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2025 · Log in · Privacy | Contact | Comments Policy