Help - An Enforcement Order has now been issued!!

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    Help - An Enforcement Order has now been issued!!

    We have been in a long-standing dispute with a tenant of ours who has a number of `items’, not only on the rear garden of their rented property, but the adjoining property which we also own. The items include a caravan, vehicles, parts of vehicles and domestic and non-domestic paraphernalia.
    The tenant of the adjoining property had given verbal permission to use the rear garden (so had we as the landlord), but not in the way it has been used, and both have written asking that their possessions be removed without any effect. The Council has now served everyone involved with an Enforcement Notice. We have given the tenants ample time to clear the sites and formally advised them that we would commence work on the adjoining property this week, at their expense as we thought their possessions were now illegally left on someone else’s property.
    We received a letter stating that as they have not given their permission, they would treat the removal of any items as `theft’.
    We are concerned because if we do not clear the site before the Enforcement Notice takes effect we could be open to prosecution by the Council as the owner of the land.
    We ask the following questions and would appreciate comments or suggestions as to how we should proceed, as we wish to resolve the situation for all concerned:
    1) Can we remove a third party’s `items’ legally from land we own? If not, what can we do? What are the stipulations (if any) for storing, selling or getting rid of these items?
    2) We have asked the Court for a Possession Order and once they are evicted we believe we have to hold their `uncollected goods’ for 3 months (the tenants are in rent arrears) before being able to take any further action. The Enforcement Order comes into effect in July and provides all involved 1 month to comply. How can we comply?
    3) Could we be prosecuted by the Council as it is our land, although we are not responsible for the mess and breaking the planning guidelines?
    We look forward to any help anyone can give us at this difficult time.

    #2
    i would write to the council thanking them for their help in trying to improve the local area, and send them a copy of the letter from your tenants and asking for council help and advice as to how to proceed.

    Comment


      #3
      Hi Mr Fish,

      On your three questions then

      1) On the adjoining land you are in the clear as they don't have any rights and their items are there as trespasser. On the rented land it is more debatable what to do. The items are outdoors so you would not be going inside, but technically you rented them the property and gardens etc. Their mentioning theft is wrong, Theft is defined under the Theft Act as having the intention of permanently depriving someone of their items. You have no permanent intention. I would drop them a letter, keep a copy for your records as well, stating you intend to move their items and charge all associated fees for handling and storage etc (get invoices and only charge what it cost you in case they want to then pay) They can have them back a any time they settle their bill; alternatively they should move them.

      2) Tell council, show them everything and highlight you are doing all you can. Once they are evicted (this mean bailiffs removing them if they don't go voluntarily) anything they leave behind is trespassing nd I would scrap it. Write to them in advance telling them anything left behind is considered by you to rubbish and will be taken to the council dump.

      3. Yes you can be. You are responsible for nay nuisance on your land. However council are less likely to prosecute when they see it is not you, and court far less likely to convict.
      Mark Hessel

      Any comments I post are just that, comments. Every situation is unique and so you should not apply any comments I make to your situation, no matter how close they may appear to match your circumstances.

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