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ARTICLE · 12 MARCH 2010

The Abandoned Goods Conundrum

In an economic downturn landlords frequently get premises back more quickly than anticipated and often in a less than desirable state.

United KingdomReal Estate and Construction
Caroline DeLaney
Caroline DeLaney

In an economic downturn landlords frequently get premises back more quickly than anticipated and often in a less than desirable state. A landlord may forfeit a lease for non-payment of rent; alternatively, the tenant may choose to walk away because it can no longer pay the rent. Often this means that when the landlord takes back possession, the premises are full of the former tenant's goods. Although tempting, a landlord cannot simply throw the goods away.

This issue came before the High Court recently in the case of Robot Arenas Limited -v- Waterfield and Others. Robot Arenas had purchased the arena that had been used to film the television series "Robot Wars". It was proposing to use it for a world championship version of the show but this event was cancelled due to poor sales. Robot Arenas had the equipment in storage at an RAF base in Newton, Nottinghamshire and failed to collect the goods. The property owner defendant threw them away when clearing out the

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