If someone has uncollected or abandoned goods, you have a duty to look after them. You can’t use them or treat them as your own and you can be liable for any damage caused to the goods while they are in your care.
If you want to sell the goods you must take reasonable steps to trace the original owner. If their whereabouts are unknown you might consider placing advertisements in local newspapers, notices on local community notice boards or contacting a trade association or federation if the goods belong to a business.
If you have taken reasonable steps to trace the owner, but without success, then you can sell the goods. It is worth keeping a note of what your attempts were in trying to find the owner.
If you do manage to find the owner, then you must give them a reasonable time to collect the goods. If the owner does not collect the goods within 3 months.
You can: -
send or deliver the first notice, followed later by the second one; or
send both notices together by recorded delivery or registered post.
The notice must state:
that as owners of they goods, they are responsible for collecting them
the details of the goods and where they are
the finder's name and address
how much money is owed, if any, for the goods. This can include repair costs and/or storage charges.
If you decide to send the second notice separately, you must :
tell them that you intend to sell the goods if they are not collected by the date given in the notice
give them details of the goods and where they are
tell them your name and address
let them know how much money is owed (if this applies)
What happens if the owner does not collect the goods?
If the owner does not collect the goods by the date given in the notice, and you are sure who the goods belong to, then you can keep the goods or sell them. If the goods are sold on, then they will legally belong to the purchaser.
What happens to the money from the sale?
If you sell the goods, you will have to prove to the owner that the sale was handled properly, and you got a fair price for the goods.
The original owner must be given the money from the sale of the goods if you know their address. Although deductions can be mage for any genuine expenses you have incurred e.g. storage charges or auction fees etc. If the goods have been left for repair and weren’t collected, then cost of the repair work can also be deducted. However, after six years the owner cannot claim, or sue, for the money if it hasn’t been collected.