Lodger is in police custody for weeks or years. What to do with lodger's possessions?

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    Lodger is in police custody for weeks or years. What to do with lodger's possessions?

    Advice please!
    I am a residential landlord and I have had a lodger until last week. It was definitely a lodger.

    Unfortunately the ex lodger is in custody now and will have a crown court appearance in a month's time. Lodger will stay locked up to the crown court date. The charge is serious so there is a possibility that lodger will be sentenced for two more years, but who knows. Lodger is not British.

    My question is what can I with lodger's belongings? They are bagged up and sitting in the lodger room. I do not want to put them in my garage or inconvenience friends with storing the possessions.

    Police say that I must not dispose of the things. I intend to continue to do all things lawfully.
    But I cannot have the things in my house for years. Clearly I want them out beforehand.

    #2
    The lodger agreement (or whatever it calls itself) has not been ended. There is a test case of a tenant imprisoned on a 12 year sentence who was found to still be tenant with valid tenancy.

    Suggest you serve, to address you have, notice on lodger as per agreement.

    Appreciate your comments but at this point surely it's possible case is thrown out or he's found inoccent and comes walking back to front door. Note many people's view of Johnson.....

    Suggest by the book, serve valid notice.

    What does agreement state about belongings if tenancy ended, please? That's key, IMHO.

    Perhaps consider holding onto photos of his stuff you took before you bagged them (did you have his permission?) and , when tenancy ended (not before) placing belongings in a storage unit at your (initial) expense. Being accused of theft not nice
    Or agree terms with lodger, if possible.
    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


      #3
      Has lodger got any friends or countrymen here? I wonder if they might be willing to take charge of the items. I wouldn't do anything until he's found guilty. I'd like to think that in his shoes, my landlord would give me some indulgence if I turn out to be innocent.
      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

      Comment


        #4
        Thanks for replying.
        The lodger was served notice and that deadline has passed.
        Police will make sure ex lodger will not return.
        Sorry but I cannot go into details as it is all 'sub judice'. The charge is very serious.

        Comment


          #5
          The lodger is categorically guilty, there were good witnesses, incident happened in the house itself. in fact however of course the Crown Court will decide after a plea of guilty or not guilty is made.

          Lodger is violent.
          Lodger did stab someone.

          As I say the police charge is one of the most serious.

          Comment


            #6
            Originally posted by JK0 View Post
            Has lodger got any friends or countrymen here? I wonder if they might be willing to take charge of the items. I wouldn't do anything until he's found guilty. I'd like to think that in his shoes, my landlord would give me some indulgence if I turn out to be innocent.
            Lodger has family abroad. I must not contact them.
            Lodger stabbed someone and there were witnesses. There is much good police evidence.

            Comment


              #7
              Do let us know what happens, please. Sounds most unpleasant.
              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
                Originally posted by theartfullodger View Post
                Do let us know what happens, please. Sounds most unpleasant.
                Thank you, I will, as far as possible although as I say it is 'sub judice'.

                Comment


                  #9
                  If the lodger's agreement has ended, unless the agreement contained some terms about what would happen to the tenant's belongings, you are obliged to make reasonable efforts to return them to the lodger and, failing that, you can dispose of them.

                  Any proceeds of the disposal, less cost of disposal remain the lodger's possessions.
                  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
                    jpkeates,

                    Thank you.
                    Lodger agreement has ended, there is nothing in the agreement about possessions.

                    It seems likely that the lodger will remain behind bars. Locks changed.

                    Comment


                      #11
                      As per jpkeates - Same as any other abandoned items. Make sure lodger agreement ended. Notify lodger to collect (at his prison address). If he or someone fails to collect, discard rubbish and show you made reasonable attempts to sell the rest and send cash (after costs) to lodger.

                      And tell police they should get advice about giving advice

                      Comment


                        #12
                        Originally posted by Wauden View Post
                        Police say that I must not dispose of the things.
                        I'm not sure that you should have even moved/touched them. (If you did).

                        Did the police say that you could bag them up?
                        From what you say they could well be 'evidence at or relating to a crime scene', and you don't want to be accused of tampering with evidence.

                        It may have been best to leave them alone and just close the door (locked if it has one) until the police say that you can dispose of his stuff.

                        Comment


                          #13
                          jpkeates,

                          I cannot be in contact with lodger myself due to the situation. The police say don't dispose of the things which is okay but I don't want to keep them in my shed for two years.

                          Comment


                            #14
                            Police say contact CAB, but CAB don't know!!!

                            Comment


                              #15
                              You need to check if there are valuables and if so, clearly not dispose of them. Ask the Police to ask the lodger what he wants done with his stuff given that you cant store it.

                              Comment

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