what to do with tenant property and deposit

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  • what to do with tenant property and deposit

    Hi

    My tenant is out, albeit owing me thousands and leaving me with a filthy house, having been sent a Section 21, and then signing and dating a letter composed by myself which stated that she had no intention of living at my property and that she was surrendering her keys. This woman has had her four children taken into care, is being prosecuted for non payment of council tax, is being investigated for housing benefit fraud, and is being pursued by numerous loan companies and credit agencies.

    In the letter I agreed to hold her possessions for 30 days, giving her the chance to come and collect them, accompanied by myself or someone from the letting agency. Nearly 3 weeks have passed since she signed the letter - no sign of her - what should I do in the event she never makes contact? Can I get rid of her stuff?

    Her possessions are mostly rubbish, filthy broken toys, clothes etc, but I have found, while bagging her stuff so we can start cleaning and redecorating, things like her childrens' birth certificates.

    Thanks to advice from fellow posters on here, the LA is sending me the whole amount of the tenant's deposit without deducting their management fee after I threatened to sue them for negligence for not taking guarantor details correctly. Obviously the tenant is not going to see a penny of this in view of the outstanding arrears, damage to property etc but do I have to do anything in legal terms to protect myself re this deposit?

    Thanks again for the advice

  • #2
    Originally posted by jdm1 View Post
    Hi

    My tenant is out, albeit owing me thousands and leaving me with a filthy house, having been sent a Section 21, and then signing and dating a letter composed by myself which stated that she had no intention of living at my property and that she was surrendering her keys. This woman has had her four children taken into care, is being prosecuted for non payment of council tax, is being investigated for housing benefit fraud, and is being pursued by numerous loan companies and credit agencies.

    In the letter I agreed to hold her possessions for 30 days, giving her the chance to come and collect them, accompanied by myself or someone from the letting agency. Nearly 3 weeks have passed since she signed the letter - no sign of her - what should I do in the event she never makes contact? Can I get rid of her stuff?

    Her possessions are mostly rubbish, filthy broken toys, clothes etc, but I have found, while bagging her stuff so we can start cleaning and redecorating, things like her childrens' birth certificates.

    Thanks to advice from fellow posters on here, the LA is sending me the whole amount of the tenant's deposit without deducting their management fee after I threatened to sue them for negligence for not taking guarantor details correctly. Obviously the tenant is not going to see a penny of this in view of the outstanding arrears, damage to property etc but do I have to do anything in legal terms to protect myself re this deposit?

    Thanks again for the advice
    When did the AST begin?, I take it the depoit shouldnt have been protected in a relevant tds scheme?

    If you have a good check in inventory and check out condition, then I would simply write to the tenant and tell them the deductions. I think you have to keep their stuff for 90 days? - but for the life of me I cant remember where Ive got that from. Of course you can charge for storage. Anything the deposit doesnt cover you can try to regain through the courts if you think its worth your while.

    Out of interest (insert nosey) how much deposit did you take?

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    • #3
      Thanks for reply - tenant had been in nearly 4.5 years and LA had held original deposit of 1 months rent - £475..might pay a small part of new carpet bill...

      Comment


      • #4
        If I were you i would try and make contact again before you are tempted to throw out the stuff; the birth certificates should not be trashed. Send them to social services if you do not have a contact for tenant, if the kids are in care.


        See this thread
        http://www.landlordzone.co.uk/forums...ead.php?t=9694
        All posts in good faith, but do not rely on them

        * * * * * ** * * * * * * * * * * * *

        You can search the forums here:

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        • #5
          The posessions need to be kept for 3 months and then you can sell them.

          The proceeds can be used towards the expense or storage and any arrears or other costs from any breaches of the contract.

          Any remaining monies must be kept for the tenant and can be claimed for six years.

          Was it the originally tenancy and running on an periodic tenancy for 4 odd years or was it renewed since April 07 and therefore subject to the new tenancy deposit regulations?

          Kind regards,

          John

          Comment


          • #6
            Originally posted by MaverickPropertyManagemen View Post
            The posessions need to be kept for 3 months and then you can sell them.
            So what's the going rate for a second-hand birth certificate these days then?!

            Comment


            • #7
              It was the original tenancy so it is the original deposit, so not in the new scheme - can I keep it or do I have to notify the tenant the LA have returned it to me?

              Thanks for advice on property also, again do I have to officially notify ex-tenant? I have also been informed by the LA that some of the white goods are owned by a sister-in-law, conveniently, who wants them back - can I ask to see proof of ownership or can I, as I want to, say that they will be returned when my arrears are paid..

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