Abandoned contents, how long before disposal.

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  • Always Problems
    started a topic Abandoned contents, how long before disposal.

    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.

  • islandgirl
    replied
    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!

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  • jjlandlord
    replied
    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.

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  • jpkeates
    replied
    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).

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  • wfd_property
    replied
    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.

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  • leaseholder64
    replied
    See https://www.out-law.com/topics/prope...t-at-premises/

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

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