Consumer affairs - In England

This information applies to England, Wales and Northern Ireland

Keeping lost, found and uncollected goods

This information explains the rights of someone who finds, or comes into possession of, another person’s goods.

If you want to find out whether you can keep the goods you must first check whether the goods are:-

• uncollected or abandoned (see under heading Uncollected or abandoned goods)
• stolen (see under heading Stolen goods)
• lost (see under heading Lost goods)
• treasure (see under heading Treasure)
• goods found in the sea or on the seashore (see under heading Goods found in the sea or on the seashore).

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Uncollected or abandoned goods

A person may leave goods which belong to them with someone else and appear to have abandoned them. Examples include:-

• scaffolding or other equipment left by builders on site
• books or records left with friends
• uncollected goods left at a shop for repair
• uncollected goods left by a tenant in a landlord’s property
• goods ordered and received but then rejected or not paid for,and the seller has failed to collect them
• unsolicited goods sent through the post

For information about dealing with unsolicited goods, see Distance selling in Buying goods – your rights.

If you have uncollected or abandoned goods, you have a duty to look after them, but cannot use them or treat them as your own.

You must take good care of goods which have been left with you. You may be held legally responsible if the goods are lost, stolen or damaged while in your care. However, the amount of care you need to take depends on whether or not you have a contract with the owner.

Examples of when you have a contract with the owner include when goods have been left in your shop for repair or a tenant has moved out of your property and left their belongings behind.

Examples of when you don't have a contract with the owner include when friends have left books or DVDs at your home. If you have a contract with the owner, the amount of care you need to take of the goods is greater than if you don't have a contract. You may have to compensate the owner if something happens to their goods which could have been prevented if reasonable safeguards had been taken. If you don't have a contract with the owner of the goods, you must look after the goods as if they were your own. This means that the amount of care you have to take is lower.

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Selling uncollected or abandoned goods

If you are in possession of another person’s goods you can sell them if they remain uncollected, as long as:-

• the original owner is responsible for collecting the goods. The goods cannot be sold if it is your responsibility to return them; and
• any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years; and
• you follow the correct procedure.

Procedure for obtaining the right to sell uncollected or abandoned goods

If you want to sell the goods you must take reasonable steps to trace the original owner if they, or their whereabouts, is unknown. This depends on the circumstances, but might include placing advertisements in local newspapers, notices on local community notice boards or contacting a trade association if the owner has a business.

If you have taken reasonable steps to trace the owner, but have not been successful, you can sell the goods. It is worth keeping a note of what you did to trace the owner.

If you trace the original owner, you must send two written notices to the owner before you sell the goods.

You must give the owner of the goods, a first written notice personally or by post stating:

• that the owner is responsible for collecting the goods
• the details of the goods and where they are
• your name and address
• how much money is owed, if any, for the goods when the notice is sent, for example, the cost of the repair or reasonable storage charges.

You must send the owner of the goods, by recorded delivery or registered post, a second written notice stating:

• you intend to sell the goods if they are not collected by a date given in the notice
• the details of the goods and where they are
• your name and address
• how much money is owed, if any, for the goods, when the notice is sent.

If the owner of the goods owes you money, the period between the second notice and the sale of the goods must be at least three months.

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 that the goods belong to the person who has been sent the notices, then you may:

• keep the goods
• sell the goods
• get rid of the goods.

If the goods are sold they will then legally belong to the person who has bought them.

What happens to the money from the sale

If you are the person selling the goods, you must be able to show the original owner that the sale was handled properly to get a fair price for the goods. Apart from the expenses of selling the goods, for example, storage charges or auction fees, the original owner must be given the money from the sale if their address is known. If the goods had been left for repair and were then not collected, the cost of the repair work can also be deducted. If not, the money must be kept for the original owner. However, after six years the owner cannot claim, or sue, for the money.

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Stolen goods

When goods are stolen, the original owner still retains their legal right of ownership over the goods. There is an exception to this rule where insured goods, for example cars, become the property of the insurance company after settling the original owner's claim.

When stolen goods are found, a court can, if necessary, order the return of the goods to their original owner. Alternatively, an order can be made for the original owner to be compensated for the value of the goods.

If someone gets stolen goods, even if they have paid a fair price and are unaware that the goods were stolen, the general rule is that the person with the goods does not usually get a legal right of ownership. The person with the goods must inform the owner and allow them to take them away, if they discover that they were stolen. Someone who buys goods, which they later find out were stolen, could try to claim compensation from the seller.

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Lost goods

If you find goods that appear to be lost, then you can keep the goods as long as:-

• you did not find the goods dishonestly or while trespassing
• you take care of the goods
• you did not find the goods on your employers’ property
• the goods are lost, and not uncollected or abandoned, stolen or treasure
• you have taken reasonable steps to find the owner of the goods, for example, left them to be claimed at a police station for a reasonable length of time
• the goods were found not attached to anything on premises or land where the occupier does not exercise much control, for example, an air terminal lounge, public part of a shop, or recreation ground.

What happens to goods handed over to the police

The usual police practice is that you can have the goods back and keep them if they are not claimed within six weeks (six months in Northern Ireland). However, the police may want more time if there are special circumstances and they want to investigate, for example, if they suspect the goods are stolen or think that the owner can be traced. Once the property has been returned to you by the police, the original owner cannot usually then claim the goods.

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Treasure

Treasure is the property of the Crown. It includes things like gold and silver objects and groups of coins from the same find which are at least 300 years old.

If you find treasure, you must report it to the coroner for the district where you found it within 14 days. This should either be 14 days from when you found it or 14 days from when you first had a reason to believe the object may be treasure.

If you fail to report your discovery without a reasonable excuse, you will be committing a criminal offence.

You can find more information about what objects count as treasure and how to report treasure on the Department for Culture, Media and Sport website at www.culture.gov.uk.

In Northern Ireland, you can find more information about what objects count as treasure and how to report treasure on the Northern Ireland Environment Agency website at www.ni-environment.gov.uk.

The coroner will ask you to take your discovery to a Finds Liaison Officer, museum or local government archaeological officer.

In Northern Ireland the coroner will ask you to take your discovery to the Environment and Heritage Service, the Ulster Museum or a local museum.

There may have to be an inquest to decide whether the object is actually treasure and, if so, who the finder was. This could happen if the object is likely to be treasure and a museum wants to acquire it. This process can take several months.

When it has been decided that an object is treasure, it is dealt with in one of the following ways:-

• if it is not required for any museum, it is returned to you or the owner of the land where the object was found; or
• if the treasure, or any part of it, is kept for a museum, you will be paid a sum equal to the market value of what is kept.

You should report your discovery immediately. You will either get the object back or its market value as an ex-gratia reward. You should generally receive a reward within 12 months of having delivered the discovery. If the discovery is not required by a museum, it will be returned to you within six months, or within 3 months if it's a single object.

Use of metal detectors in England and Wales

If you use a metal detector to search for treasure or other hidden objects, you:-

• must get the landowner’s permission before searching on private land. You should negotiate beforehand how to split the proceeds of anything you find and should report any historical finds to the landowner
• must report any treasure to the district coroner where it was found
• should, show any non-precious items found to a museum. This scheme is called the Portable Antiques Scheme. You can contact the national co-ordinator at the British Museum on 020 7323 8611. The website address is www.finds.org.uk
• get permission from English Heritage or, in Wales, Cadw: Welsh Historic Monuments, if you wish to use a metal detector on a listed ancient monument or other protected site. A fine can be imposed for using a metal detector on these sites without permission.

The Federation of Independent Detectorists offers a free recovery service for people who have lost metal objects. It has a Code of Conduct which its members must follow and can give further information and advice about the use of the metal detectors. The Federation’s address is:-

61 Newtown Road
Newbury
Bucks RG14 7BU
Tel: 01635 522578 (Helpline)
Tel: 01792 814615 (administration)
Website: www.newbury.net/fid

The address of English Heritage is:-

Customer Services Department
PO Box 569
Swindon
SN2 2YP
Tel: 0870 333 1181
Fax: 01793 414 926
Email: customers@english-heritage.org.uk
Website: www.english-heritage.org.uk

The address of Cadw: Welsh Historic Monuments is:-

Cadw
Welsh Assembly Government
Plas Carew
Unit 5/7 Cefn Coed
Parc Nantgarw
Cardiff
CF15 7QQ
Tel: 01443 33 6000
Fax: 01443 33 6001
Email: cadw@cadw.gsi.gov.uk
Website: www.cadw.wales.gov.uk

Use of metal detectors in Northern Ireland

If you use a metal detector to search for treasure or other hidden objects, you:-

• must get the landowner’s permission before searching on private land. You should negotiate beforehand how to split the proceeds of anything you find and should report any historical finds to the landowner
• must obtain a 'licence to excavate' from the Department of the Environment if you wish to search for archaeological objects. A fine can be imposed for using a metal detector without one
• get written consent from the Department of the Environment if you want to remove an archaeological object found with a metal detector from a listed ancient monument or other protected site. If you do this without written consent, you will be committing an offence
• must report the find to your district coroner or to a local museum. You can also report it the Environment and Heritage Service of the Department of the Environment who will report it to the district coroner on your behalf

In Northern Ireland, the address of the Environment and Heritage Service is:-

Department of the Environment
5-33 Hill Street
Belfast
BT1 2LA
Tel: 028 9054 3001
Fax: 028 9054 3111
Website: www.ehsni.gov.uk

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Goods found in the sea or on the seashore

Property found in the sea or the seashore could be from a ship and is known technically as ‘wreck’. Wreck cannot be treasure because it will not have been buried with the intention to recover it. All wreck must be reported to the Receiver of Wreck. This can be done by downloading a form from the Receiver's website. The address of the Receiver of Wreck is:-

The Maritime and Coastguard Agency
Bay 1/05, Spring Place
105 Commercial Road
Southampton
Hampshire
S015 1EG
Tel: 02380 329474
Website: www.mcga.gov.uk

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