Lost, found and uncollected goods
This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales
This item explains rights in relation to goods when they are lost, found or uncollected. For information about items found in a public area and rules about treasure trove, see If you find treasure or lost goods.
Uncollected or abandoned goods
A person may leave their goods with someone else and it might seem as if they have abandoned them. Examples include:
scaffolding or other equipment left by builders on site
uncollected goods left at a shop for repair
uncollected goods left by a tenant in a landlord's property
unsolicited goods sent through the post
possessions left by a relative in a family home.
If you want to dispose of uncollected or abandoned goods and you know who the owner is you should contact them first. There is often an obligation of care for goods and what you do next can depend on whether or not there was a contract between you and the owner.
If you don’t manage to contact the trader/owner of the goods they have five years within which they can take legal action to recover the goods if they think you have disposed of them wrongly. In practice this is only likely to happen if the goods are valuable.
Taking care of goods left behind
While you are in possession of goods belonging to another person, you could be held liable for loss, theft or damage to these goods. This liability arises only if you haven’t taken reasonable care of them and there is a binding contract between you and the owner of the goods that you would take care of them.
If you are friends or family you may have an understanding about personal belongings left behind and normally this would include that you should take care of the goods. When there isn't an understanding between the two of you and you want to dispose of the possessions you should first write to the person concerned to ask what they want done with the goods.
If there is a contract
If there is a contract, the degree of care required is that which is considered reasonable. The person looking after the goods should therefore take sufficient care to ensure that the goods do not get lost, damaged or stolen.
The person looking after the goods should be responsible if something that could have been foreseen damages or loses the goods and reasonable safeguards were not taken. The owner of the goods could ask for compensation.
If there is no contract
If there is no contract, the person looking after the goods is still obliged to look after them as if they were their own. This means the standard of care is lower than if there had been a contract.
Ben lends Joanna, a friend, his computer. It is stolen by burglars who break into Joanna's flat. Joanna does not have to compensate Ben unless he made it a condition of the loan that she take full responsibility for any loss. She might be able to make a claim for it against her insurance.
Goods someone has left with other people or traders
If you leave goods or possessions with another person, that other person has a duty to take reasonable care of them. This might arise, for example:
when goods have been left for repair or servicing, for example, a car in a garage or a radio in a shop or clothes at a dry cleaners
when goods have been left for safekeeping, for example, a coat in a cloakroom
when personal possessions have been left in a place of employment.
Liability for loss, theft or damage to goods left, arises only where the person looking after them has been negligent, that is, has not taken reasonable care of them. The amount of care required depends on whether or not there is a binding contract that contains terms setting out the level of care.
An employer might argue that they have no obligation to take care of an employee's possessions, unless they provide specific facilities for doing so.
As a general rule if a person who agrees to take responsibility for the goods of others can show that they have taken reasonable care of them, they will not be held liable for their being lost, stolen or damaged.
If there is a contract
If there is a contract, the degree of care required is that which is reasonable. A trader would not be responsible when all reasonable precautions had been taken, for example, if staff had been on duty in the cloakroom and goods still got damaged.
The person looking after the goods would be responsible if something happens to damage or lose the goods that could have been foreseen and reasonable safeguards were not taken.
It is common for a trader looking after goods not to insure themselves against loss, damage or theft. However, they are still responsible for the goods and must compensate the client if they have not taken reasonable care of them.
If there is no contract
If there is no contract, the person looking after the goods must still look after them as if they were their own. The standard of care is lower than if there had been a contract.
A trader refuses to return goods
A trader may refuse to return goods, for example, when you have left them for repair and a dispute arises over price but you refuse to pay the final bill or pay it in full. You must check what was agreed in the contract about the cost of the repair. You can complain if you are not happy with the service. There are special rules about car repairs.
You fail to collect goods you left with a trader
When you have a contract with the trader (even a small ticket can be a contract if it explains any terms) it should tell you what will happen and when it will happen if you don’t collect the goods. This notice or contract has to be reasonable and you must be given a 'reasonable time' to collect the goods before they are disposed of.
If there is nothing written down to form a contract between you and the trader then they would still be expected to make reasonable efforts to trace you. You should be told by the trader that the goods need to be collected and what will happen and when if you don’t collect them.
When you fail to collect the goods, after being informed that you have to, the trader can deal with them as if they have been abandoned. This means that the trader can let the police know the goods have been abandoned. The trader may be told to deliver the goods to the rightful owner or the police may get in touch with you to collect your goods.
The police have a responsibility to uplift abandoned goods and keep them for two months. If no one gets in touch with the police during this time, at the end of two months, they can:
return the goods to the finder, for example the trader who reported that they had been abandoned
dispose of them at a sale.
If returned by the police to the finder the goods now belong to the finder. If the original owner comes to collect the goods within a year of abandoning them they still have to be returned to the original owner.
Unsolicited goods
Unsolicited goods are goods which a trader sends to a client without the client having ordered them. The client does not have to pay for them or send them back. It is a criminal offence for the trader to demand payment for unsolicited goods. Supplying products not ordered may also be an example of an unfair commercial practice.