Abandoned contents, how long before disposal.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Abandoned contents, how long before disposal.

    Although not Residential, my mother rented out a Block of Stables and a Storage Container, the tenant has done a "runner" owing about £200 in rent and the storage container is full of clutter stuff (tack) which if sold could cover the outstanding rent. How long can I wait before I can sell the tack to cover the outstanding rent.
    Its two months since the tenant left saying he was going to return to pay the rent.

    #2
    See https://www.out-law.com/topics/prope...t-at-premises/

    You have to give notice of your intent to dispose of them first.

    Comment


      #3
      Without wanting to stereotype too much, you might want to reflect that equestrian activities are typically undertaken by those who are upper middle class and beyond. This means professional people, old money, quite possibly a lawyer in the family.....

      If you as a horse layperson think that the equipment left behind will cover your arrears then its true specialist value is probably significantly more.

      I would read the torts (interference with goods act) a few times. Then consider whether paperwork, contract/licence, letters of notice, etc are all in place and valid.

      Comment


        #4
        Originally posted by Always Problems View Post
        How long can I wait before I can sell the tack to cover the outstanding rent.
        Forever, you can't do that

        You can dispose of the goods having made reasonable attempts to contact the owner to collect them (reasonable being consistent with their value).
        If you sell them, you hold the proceeds in trust for the owner (if undervalued, they can try and recover any loss).
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Two months is a very long time, you could already have sold the items.

          Make sure that your agreements state that you will dispose of the good after a week and that proceeds may be used to offset any debt in relation to the lease.

          That said, in practice you sell (after having given them notice or done your best to trace them) and keep the money to offset their debt and wait for them to sue you for the money. If they do you counter claim for the rent.

          Comment


            #6
            In your shoes (though I am not a lawyer so treat my advice accordingly) I would issue a Torts Interference with goods notice. Explain that after a certain date the goods will be sold unless collected. Proceeds will be used to cover money owed to you and the remainder returned to the person in question. Lock the goods up and explain that they can collect them upon payment of the money owed. Used this lots of times and it has always worked for me!
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment

            Latest Activity

            Collapse

            • Giving Notice
              jasper74
              Hello, this is my first post.

              I am about send a notice to quit to my tenants, they have been there for over 3 years. The tenancy began on the 27th day of the month. My question is, does it have to end on the 27th or can it end on any day of the month, say the 2nd?

              Thanks...
              22-02-2019, 20:18 PM
            • Reply to Giving Notice
              mariner
              You think?
              You should also include 'Info reqd from new posters' from the stickies.
              23-02-2019, 04:24 AM
            • Help with bad landlord
              SacreLao
              I have a friend who has rented a property on an assured shorthold tenancy for 3 years now. The tenancy has long expired and so has automatically converted into a periodic tenancy.

              Recently following an inspection the boiler in the property was condemned and switched off as a result. She...
              21-02-2019, 16:00 PM
            • Reply to Help with bad landlord
              KeepTheFaith
              She seems to have her own ideas of how the law works, else she is trying to convince you that's how the law works.

              You have told her she can't just write that she is putting it up without your friends agreement and your friend doesn't have to leave if she doesn't pay the increase. No need...
              23-02-2019, 01:09 AM
            • Reply to Help with bad landlord
              SacreLao
              She also refuses to issue the section 13 notice that I asked for and said the rent is going regardless, although she has now changed it to the 1st April as I said the 1st March was not enough notice....
              22-02-2019, 23:44 PM
            • Reply to Help with bad landlord
              SacreLao
              We have offered her 11 different dates to come and inspect, she is saying no I am coming on this date at this time. My friend has no problem with her inspecting but she wants to be home at the time and she wants me there to translate and I don’t finish work until 5pm. We have asked her to come at...
              22-02-2019, 23:40 PM
            • Reply to Help with bad landlord
              leaseholder64
              The tenant would be in breach of their obligations. The landlord's remedy would be to start eviction proceedings for breach of covenant. However, if a reasonable alternative time had been proposed, I don't think the court would grant possession as a result.

              On the other hand, from the...
              22-02-2019, 23:23 PM
            • Reply to Help with bad landlord
              KeepTheFaith
              From that email she isn't saying she will enter if noone lets her in. She is being vague about what she will do. In theory she could get a court order to gain entry. But if you have given her alternative times for access then this would be silly.

              Based on what she says in the email I don't...
              22-02-2019, 23:05 PM
            • Reply to Giving Notice
              jasper74
              no worries, i probably should have mentioned that...
              22-02-2019, 21:30 PM
            • Reply to Giving Notice
              JK0
              Oh, don't ask me about Scotland. Sorry for confusing you.
              22-02-2019, 21:27 PM
            Working...
            X