Abandonment of T's uncollected goods; disposal by L?

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  • Abandonment of T's uncollected goods; disposal by L?

    Hi all. I would really be grateful for any information with the following questions. It’s a first time situation for me, and anything would help.

    My tenant had signed a tenancy agreement for 6 months on 23.01.05.
    But today she has moved out! Only notified me couple of days ago!
    and finally
    today left me the keys as I requested ( constantly, what a battle that was in itself)!!

    Anyway, she has left belongings there like, a double bed (which was denied as I provided Single Bed but she ignored anyway, a table, a chair, some bags of clothing etc…


    What I wanted to know, was

    When and how can I remove these items?
    Is there a time limit I have to give her to allow her to remove them? What if she fails this time limit?
    What if she refuses to remove them?
    What can I or cant I do with the items?

    If you know what i mean...!

    For those that normally help with this and other questions before,
    THANK YOU
    T.M.

  • #2
    Hi,

    Well I get this from every tenant that comes and goes.
    As far as Iam concerned, as soon they have officailly checked out including checkout inventory agreed, then you can do what you like.

    However, if you have a deposit I would charge for rubish clearance.
    Iam reallt fed up of clearing up all the left over items. And do check out the loft space, as I had found enough up there to start a boot sale.

    Regards
    Alien

    Comment


    • #3
      Hi Alien. thanks for your reply.

      my dilemma is this really

      She left in a hurry! Taxi waiting outside! I got my keys back but there was no time for any conversation or inventory checking etc..at all!!!
      Yesterday i spoke to her on mobile.
      She has left country for few months according to her, but i do know that she was off to airport yesterday and that was confirmed by another tenant that went with her.
      On the mobile she admitted that she has now left (tho she kept saying she will send someone to pick up things etc..etc...blah blah..)!!

      All i wanted to hear was that she left! But nothing formal was signed at all. She breached 6 month contract by leaving after 2 months!


      So How long do you think i should have to hold onto her bed, and clothing items in bags and other boxes etc... (given the circumstances and information above) before i chuck it out!!!??

      I just dont want to do anything wrong but im fed up with her crap and want to get it out of my system for good if u know what i mean!!

      Thanks for your help ..and anyone else.
      T.M.

      Comment


      • #4
        Disposal of tenant's belongings left in property?

        Hi, I'd really appreciate some advice.

        We rent out rooms with full permission from our landlord and have been doing so for the past three years trouble free. We recently had trouble with a new lodger/sub-tenant (I don't legally know what these people are classed as although we have no written contract with them) who we eventually asked to leave (we gave her one month's notice). She decided to use her security deposit as her final month's rent which we were unhappy about (obviously). Her rent was already three days late. Eventually, and after an argument, she moved out the same day leaving us short of rent but with her security deposit of half a month's rent.

        She has left a few personal items in the house, we notified her on the day she left asking her to collect these items within the next 7 days.

        My question is: What can we legally do with the items she left? Can we charge her for storage/sell them/throw them out etc?

        Any help greatly appreciated.

        Comment


        • #5
          You had issued a licence to lodge for your guest, as such she falls outside of the 1988/1996 housing act.

          If you have given her notice to collect her things and she hasn't, then you can pretty much do as you wish with them.

          Comment


          • #6
            Many thanks for your reply. It seems to be a difficult area to find information on. Do you know if there is a minimum period we must hold her belongings for? i.e. 7 days, 3 months etc?

            Comment


            • #7
              Originally posted by Rose View Post
              Many thanks for your reply. It seems to be a difficult area to find information on. Do you know if there is a minimum period we must hold her belongings for? i.e. 7 days, 3 months etc?
              Under a tenancy agreement, I seem to remember the period being 90 days.

              However, your tenant was only a lodger, If you have given her 7 days and she has collected her belonging, then I think you will find you are safe disposing of them.

              Comment


              • #8
                Thank you for you opinion.

                Do you know where I can find out for sure what my "sub-tenants" are classed as (i.e. lodger/sub-tenant/excluded occupier?)? It also seems to be a very shady and complicated area. I have no written contracts with them although I do take a deposit and write receipts where necessary.

                Comment


                • #9
                  Tenant vacated but left his furniture- and animal excrement

                  My tenant has just left, we had to get a court order but luckily he left before bailiff action. A few answers please - appreciated:

                  He left some large items of furniture - can we get rid of them?

                  The day after he left he came back to the property for a table - he let himself in when we weren't - is this illegal? Of course we have now changed the locks!

                  Due to his debt he has prepayment meters for gas and electricity - would you advise us to keep these for any new tenants or change to a credit meter? Should he have let us know these meters were put in?

                  The carpets were soaked with dog and cat pee and bird and rabbit droppings were everywhere leaving our house smelling vile! A zoo is fragrant compared to this - it was a face mask job ! Can I claim off him for new carpets? Thank you

                  Comment


                  • #10
                    Did he hand back the keys or notify you that he had left?

                    How have you covered yourself against the tenant claiming that you've illegally evicted them by changing the locks before they'd moved out of the property?

                    http://www.landlordzone.co.uk/legal/abandonment.htm
                    http://www.landlordzone.co.uk/uncollected_goods.htm

                    with regards to the intended deductions, did you have an inventory signed by the tenant?

                    Comment


                    • #11
                      Surely if there's a court order in place that states the tenant must leave, then the tenant can't claim illegal eviction, or have I gone completely mad?

                      Comment


                      • #12
                        Originally posted by Surrey View Post
                        Surely if there's a court order in place that states the tenant must leave, then the tenant can't claim illegal eviction, or have I gone completely mad?
                        You're right, but OP said that T vacated without bailiff intervention; only bailiffs can lawfully evict T by force.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                        • #13
                          Sorry, I'm obviously having one of those platinum moments.

                          The landlord has a court order for the tenant to leave.
                          The tenant left.
                          How could a tenant now claim illegal eviction?

                          Comment


                          • #14
                            Originally posted by Surrey View Post
                            Sorry, I'm obviously having one of those platinum moments.

                            The landlord has a court order for the tenant to leave.
                            The tenant left.
                            How could a tenant now claim illegal eviction?
                            "I never left - just went to stay with a mate for a couple of nights - I've been away househunting cos the landlord's evicting me. I left my stuff in the house but when I came back home, I found he'd gone and changed the locks on me so I was out on the streets with nowhere to go..."

                            Comment


                            • #15
                              Originally posted by Ericthelobster View Post
                              "I never left - just went to stay with a mate for a couple of nights - I've been away househunting cos the landlord's evicting me. I left my stuff in the house but when I came back home, I found he'd gone and changed the locks on me so I was out on the streets with nowhere to go..."
                              "I found that he'd done a runner, sir, but I was pleased that he did vacate in compliance with my Court Order against him..."
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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