Tenant evicted by Bailiff - methods of returning belongings question!

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    Tenant evicted by Bailiff - methods of returning belongings question!

    After 9 months, finally tenant evicted by court bailiff. Bailiff advised that we could dispose of tenant belongings after 28 days if no request from tenant. Tenant however has been in touch and wants their property.

    We want to return the property however we do not wish to see the tenant (reasonably confident there will be a hostile atmosphere which we want to avoid at all costs).

    I want to place all the belongings safely in the back yard for his collection an hour or so later. This does not sound ideal however but we would remain inside the property to ensure he collects, and if he does not then we would place it in the shed to secure it until he collects.

    Have any landlords got any better advice for us? I am wanting to avoid meeting tenant, also wanting to avoid tenant being left in the position of being able to damage or destroy any of the property in an act of revenge.

    Any advice please? We are not intending dumping tenant's belongings on the street as this could be seen as neglectful (tempting as it is)!


    #2
    Tell him to engage, at his cost, a reputable removal company (not his mate with a van), and arrange a reasonable time for them to collect the posessions.

    Point out that as he has been legally evicted by the bailiff that you will not allow him or any friend/representative of his, apart from a reputable company, any further access to the property.

    If he does try to attend and cause a disturbance then it's a police matter.

    Comment


      #3
      Agree totally with the above, its not for you to be fearful of his reactions or to cause you more stress than it clearly already has by their presence in your property, he needs to have a removal firm pick it up or after the period mentioned of course it is skipped.

      Comment


        #4
        You cannot necessarily just throw it in the skip, You have a duty to return either the the goods or their value, less storage and disposal costs. If the tenant actually says they want to collect them, they may have some value.

        In principle, you can ask for the police to attend to prevent a breach of the peace. They will just observe unless and until anything starts up. You will need to be on your best behaviour as the police will not be acting for you. I don't know how easy that is to arrange, in practice, given current police underfunding.

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          #5
          The tenant knew in advance that they would be evicted and when.
          They negligently decided not to remove things before they were evicted, or were reckless to the consequences.
          So I'd suggest that the duty owed to the ex-tenant is much less than usual.

          A bailee has to make efforts that are "reasonable" to return the goods or their value.
          If the owner made no effort to keep the goods themselves, it indicates that they are setting a very low benchmark for "reasonableness".

          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


            #6
            Thank you all for your replies - very useful and the tenant will be returned their property - tenant has had more than enough time to organize removal on the understanding that they knew bailiffs were in possession of a notice of eviction and yet did nothing....

            So we intend to have tenant agree to a reputable removals (insured) come to collect, or tenant can come up with a useful suggestion themselves which does not involve them coming back on to the property with a couple of 'friends' who cannot be vouched for.

            Comment


              #7
              If he won't play ball I'd be inclined to move the stuff into a storage company ASAP so you can rent it out again promptly. LOADS of photos mind!
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                theartfullodger, I guess we would need to pay the first month or something?

                Comment


                  #9
                  Speak to your local storage company but, yes, probably.

                  Then compare to monthly rent of property....... as the 'merkins say, go figure!

                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment

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