Tenants possessions once they have been evicted

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    Tenants possessions once they have been evicted

    Two questions, on when a tenant has left the property but left their things.

    1. What happens if some of the items are food, which will perish within a few days/week can you throw these away? Or do you have follow the letter of the law and keep them for up to 3 months if they owe you rent arrears? Or would you have to store them in a fridge/freezer for the duration?

    2. I understand that the goods are the tenants, and understand you can not hold them and demand any monies owed (rent arrears etc), but can you demand the storage fees to be paid and then release the items? For example, if I pay for a storage container with a company to keep the tenants goods, if and when they decide to pick up the items can I state they need to pay the storage fees on release of the goods or is this the same as rent arrears and you can't?

    #2
    What does your tenancy agreement say about how long you will keep the goods?

    Comment


      #3
      The tenancy sates 28 days, but I believe the Tort (Interference with Goods) Act 1977 states if you are owed rent arrears you must keep the goods for 3 months, if you weren't owed money then it's 28 days.

      Tenancy does not list each type of goods which may or may not be left behind, the question is specific to food items, not clothing etc.

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        #4
        The goverment 'how to rent' booklet gives a figure of two weeks, which I think is reasonable.

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          #5
          The rent to guide is correct, but the guide is referring to when a tenant does not owe monies, but this question is for when there is monies owed by the T, when the LL is owed monies (rent arrears) they HAVE to keep the items for 3 months, and try and find the T and if successful then serve the notice onto them to collect the goods left behind by either registered or special delivery.

          https://www.legislation.gov.uk/ukpga/1977/32

          Comment


            #6
            In my experience, food left in the property becomes inedible within a day

            Comment


              #7
              Originally posted by ash72 View Post
              The tenancy sates 28 days, but I believe the Tort (Interference with Goods) Act 1977 states if you are owed rent arrears you must keep the goods for 3 months, if you weren't owed money then it's 28 days.
              Unless you intend to return the goods only in exchange for rent owed then I am not sure that the 3 month limit applies. I know that the landlord associations advise it but I do think its a very risk averse position and not one that I would adopt.

              Comment


                #8
                Hi , I have the same problems we have bags of rubbish, food in bin liners and mattresses on the garden and in the house its all rubbish really but we put it all in one room we have rental arrears of 8 months or so but i was just going to bin the lot , we cant put all this junk in storage there is food and its starting to smell - nothing of value to be honest -
                so where do i put the stuff as Im in exactly same situation tenant left with no forwarding address

                Comment


                  #9
                  Take it to the dump.
                  If the tenant does anything they'll a) be revealing a point of contact and b) you can counter sue for the rent.
                  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


                    #10
                    So do we put all the bin liners of food and rubbish including soaking wet mattresses , broken cabinet, bags of cardboard boxes , the bin liners from the garden both front and back , cans, empty tins , broken bits and bobs , a legless chair, bedding , are we suppposed to PAY for storgage of this ?

                    Comment


                      #11
                      found this might help-


                      http://www.possessionfriend.uk/abandoned-goods/ Actions against Landlords

                      The actions against Landlords raised at court are mainly outright illegal eviction where a tenant’s possessions have been removed and dumped / outside and locks changed. In which case, there’s a lot more to worry about that a claim for their possessions). Or, inflation of claims such as those outlined in the cases of Da Rocha and Diaz above.

                      Instances where tenants have left low value bulky items and have brought claims against a Landlord are practically unknown (if someone does know of an unreported case, please let us know).

                      This is primarily because there is no legal aid available for Trespass or damage to abandoned goods. You will have to assure a solicitor that there is a significant sum at stake and prospect of success. Before taking a conditional fee arrangement (No-win, no-fee). The Tenant is unlikely to have the funds to initiate a legal action.

                      Comment


                        #12
                        Originally posted by jpkeates View Post
                        Take it to the dump.
                        If the tenant does anything they'll a) be revealing a point of contact and b) you can counter sue for the rent.
                        This is what I suggest - the compensation claim for a pile of crap would be minimal.
                        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


                          #13
                          I would advise, prior to throwing anything away, you need to 1. use a tracing company to locate the tenant, once you have proof that the tenant isn't found then you can dispose of the goods (this safe guards you from any retaliation) 2. You need to photo and do an inventory of the items, this also protects you from the tenant claiming they left a diamond ring (ideally this inventory should be done by an independent person), but this all adds to the growing amount the tenant owes.

                          Comment


                            #14
                            Again, that's a very risk averse and expense strategy in my book. As the OPs post says, "
                            Instances where tenants have left low value bulky items and have brought claims against a Landlord are practically unknown". Up to you, but I would just follow the usual procedure of trying to get the tenant to collect for a period and then after 14 or 28 days, depending on the wording of the TA I would dump it.

                            Comment


                              #15
                              Well im gonna dump all the thing that were left in mine and i cant wait to burn all the darn stuff

                              Comment

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