Q&As

A notice of intention to sell goods under the Torts (Interference with Goods) Act 1977 must give at least three months’ notice ‘if any amount is payable in respect of the goods by the bailor to the bailee, and became due before giving of the notice’ (Sch 1, para 6(3)). In what situations is this likely to apply?

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on: 16 May 2023

For the three-month notice period to apply, there must have been an amount payable in respect of the goods that was incurred before the giving of the notice. This implies that there must have been some form of prior agreement between the bailor and the bailee by which, for example, the bailor agreed to be liable for the bailee’s costs of storing the bailor’s goods if they were to become the bailee of them, which existed prior to any service of a notice of intention to sell.

For example, this could occur

Carl Fain
Carl Fain chambers

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

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