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

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    #31
    distraint of goods for rent arrears is no longer legal.

    Give them a month to collect, if they don't then goods will be disposed of and any monies made will go against rent owed.

    All these costs are tax deductible any way, including unpaid rent.

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      #32
      That is a fantastically detailed set of instructions which I for one will be using next time. Thank you!

      The bags of clothes and broken kitchen equipment left by students 'in case anyone wants them' (as if!) drive me to the point of homicide. I fell like yelling, NO! No one wants your horrible cast-offs! Take them to Oxfam yourself! (Some of them seem to think this would be a treat for you or something! 'Er...I won't be coming back to the house now as I've got my next house to sort out-would someonejust pop those 6 dustbin liners of stuff down to the charity shop for me?) £30 per hour - is that reasonable and legal? If it is I will definitely be charging it next time.

      Having just spent the best part of a week cleaning and clearing a house which the tenants claimed to have 'sorted' (but had barely touched), I have come to the despondent conclusion that it's a tiny minority of the population who have any idea about 'deep cleaning'.

      I have tried this rule of thumb in the past : When you think you've cleared and cleaned a room, ask yourself : if this was your room in a holiday apartment or hotel, for which you had paid a lot of money, would you find it acceptable? But your specific list is better.

      Being introduced to white spirit as a very effective de-greaser is often a revelation to them, but in the end, they just need to learn how to bloody well roll their sleeves up and get their hands dirty! Or employ someone who IS prepared to.

      I feel better now for letting off a bit of steam.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #33
        I'm not looking to exercise distraint here and as the items consist of a desk, table and mattress they probably aren't distrainable anyway.

        T's partner was allowed to return to the property with removalist under court order for a full day to take their possessions and while T did collect the vast majority of belongings T failed to collect these few remaining items. T also refused to return and collect them at his convenience over the whole of the following week. T just gave me some kind of nasty rant about how he could "get another f'ing court order to get into my f'ing flat whenever he f'ing well wanted to".

        I've now put these things into storage as I need to have the flat rented out again, but I'm more than happy to return them to T so long as T pays the storage costs that are now beginning to accrue.

        Anyway, I don't expect to ever get a single penny out of T, so I presume that I can dispose of these items after the period of time prescribed by law for which I'm responsible for keeping them safe and that distraint can be avoided by keeping unpaid rent out of the equation?

        The value of these items is very low and I doubt very much they would cover the storage costs - more likely it would cost me money to have them disposed of. The final sum I would then look to be added onto T's existing liability.

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          #34
          Tenant vacated but has left behind all possessions

          HI all

          Can anybody tell me what to do about my old tenants possesions?

          The rent has not been paid since 27th July 2008. We tried for weeks to contact her without success via her mobile as thats the only way to leave messages. We managed to gain access to the house and it was obvious that nobody has been living there and what a mess. We changed the locks and finally the tenant contacted us as she needed to get some things from the house. The council were paying for her rent until July, we informed them that the house had been abandoned. It turns out that our tenant has been living else where for the last 6-7 weeks and has been using the house as a place for storage. Now she wants access to get a few things and has told us she still lives there. All we want is for her to remove her belongings. What do I have to do to get her to do this as there's no way I'm letting her back in.

          Comment


            #35
            get advice from a solicitor

            we put everything in our storage facility and advertised in the local paper for 3 weeks and then chucked it out . luckely the tenant didnt come back for the stuff but it also wasnt worth much i would definetlt consult a solicitor! next time as it did concern me that i could be sued for loss of goods or something . dodgy tenants dont generally come back they normally run for the hills


            Originally posted by sharonparry View Post
            HI all

            Can anybody tell me what to do about my old tenants possesions?

            The rent has not been paid since 27th July 2008. We tried for weeks to contact her without success via her mobile as thats the only way to leave messages. We managed to gain access to the house and it was obvious that nobody has been living there and what a mess. We changed the locks and finally the tenant contacted us as she needed to get some things from the house. The council were paying for her rent until July, we informed them that the house had been abandoned. It turns out that our tenant has been living else where for the last 6-7 weeks and has been using the house as a place for storage. Now she wants access to get a few things and has told us she still lives there. All we want is for her to remove her belongings. What do I have to do to get her to do this as there's no way I'm letting her back in.

            Comment


              #36
              Originally posted by sharonparry View Post
              HI all

              Can anybody tell me what to do about my old tenants possesions?

              The rent has not been paid since 27th July 2008. We tried for weeks to contact her without success via her mobile as thats the only way to leave messages. We managed to gain access to the house and it was obvious that nobody has been living there and what a mess. We changed the locks and finally the tenant contacted us as she needed to get some things from the house. The council were paying for her rent until July, we informed them that the house had been abandoned. It turns out that our tenant has been living else where for the last 6-7 weeks and has been using the house as a place for storage. Now she wants access to get a few things and has told us she still lives there. All we want is for her to remove her belongings. What do I have to do to get her to do this as there's no way I'm letting her back in.
              1 What kind of tenancy agreement does she have?
              2 When did it begin?
              3 Had you begun any process e.g section 21, section 8, to get her out? When?
              (It may have been illegal for you to change the locks and gain access, even if you thought she had moved out).
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #37
                This is a common problem; I would agree to meet them at the property with a letter of surrender for her to sign then give her the stuff back.

                Don't ever change the locks on the property until you have legal possession. No matter how wrong the tenant is, you are the one who will be prosecuted!

                In future it is worth having a clause in your agreement dealing with tenants possesions left in a property.
                My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

                Comment


                  #38
                  Originally posted by sharonparry View Post
                  HI all

                  Can anybody tell me what to do about my old tenants possesions?

                  The rent has not been paid since 27th July 2008. We tried for weeks to contact her without success via her mobile as thats the only way to leave messages. We managed to gain access to the house and it was obvious that nobody has been living there and what a mess. We changed the locks and finally the tenant contacted us as she needed to get some things from the house. The council were paying for her rent until July, we informed them that the house had been abandoned. It turns out that our tenant has been living else where for the last 6-7 weeks and has been using the house as a place for storage. Now she wants access to get a few things and has told us she still lives there. All we want is for her to remove her belongings. What do I have to do to get her to do this as there's no way I'm letting her back in.
                  Unfortunately by your actions you have committed a criminal offence and you could find yourself on the wrong side of damages amounting to a few thousand pounds! I kid you not! She only needs to go to the CAB, local Housing Officer or Consumer Direct and you will find life very difficult. You should use only legal remedies no matter how costly and time consuming it might be.
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                  Comment


                    #39
                    Originally posted by sharonparry View Post
                    Can anybody tell me what to do about my old tenants possesions?
                    Have you tried using LZ search re 'Disposal of Uncollected Goods'?
                    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


                      #40
                      Tenant vacated but left behind possessions

                      Please could somone advise on the best course of action here?
                      A flat has not been lived in for over two months, the landlord has not received any rent for 7 months. Yesterday he entered the property (rightly or wrongly but he did it anyway!) all the tenant possessions have been left behind, literally everything, he has been advised the tenant is living abroad now. What is the best course of action with regard to his possessions? None of the contact numbers or emails for the tenant are being answered, no next of kin or family, people who said hes abroad dont have any contact details either. Landlord wishes to get rid of his possessions and re-let. What is the best thing to do in these siutations?
                      Thanks

                      Comment


                        #41
                        Originally posted by stavros1 View Post
                        Please could somone advise on the best course of action here?
                        A flat has not been lived in for over two months, the landlord has not received any rent for 7 months. Yesterday he entered the property (rightly or wrongly but he did it anyway!) all the tenant possessions have been left behind, literally everything, he has been advised the tenant is living abroad now. What is the best course of action with regard to his possessions? None of the contact numbers or emails for the tenant are being answered, no next of kin or family, people who said hes abroad dont have any contact details either. Landlord wishes to get rid of his possessions and re-let. What is the best thing to do in these siutations?
                        Thanks
                        Assuming this tenant's contract was an AST, how long was it for (dates?), and how long had the tenant been living there before he left?

                        Did you take a deposit and protect it in a scheme?

                        Have you begun legal proceedings to get the tenant out - if so, how far have you got?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                          #42
                          None of the above! Its a private landlord we are trying to advise and help. The tenancy is definately now periodic, he has done nothing in the way of serving any notices or papers. He in fact has done very little, has not had any rent paid for 7 months now and has finally woken up and realised he needs to take some action. The tenancy was pre-deposit registration and the landlord does have one month but that is it.
                          the tenant has basically vanished, yes he could be in prison, in hospital, anywhere, but any attempts track him down have failed.
                          do notices still have to be served. The landlord has basically done nothing up to now.

                          Comment


                            #43
                            Yeah notices have to be served.
                            You have 2 options.

                            1) Section 21 Notice - Two month notice, then court order by accelerated possession process (assuming you have written tenancy agreement).
                            2) Section 8 Notice - 2 Week notice -Then court order - there will be a hearing

                            If the landlord is positive that the tenant has been away for few months and will not be coming back, then maybe you can be a bit creative with the dates. (Use your imagination)

                            Comment


                              #44
                              what about the legal position with regard to all his possessions in the flat? Seriously, everything is there including some pretty personal effects.
                              So even if we have reason to believe the tenancy has been abandoned, notice serviing still applies?
                              thanks for your help everyone, so far.

                              Comment


                                #45
                                Originally posted by stavros1 View Post
                                So even if we have reason to believe the tenancy has been abandoned, notice serviing still applies?
                                That's not what I was advised under similar circumstances - in respect of a Rent Act 1977 tenant, too - so a protected tenant rather than just an AST tenant. (Given the very significant financial implications of a Rent Act tenancy we did go to court for confirmation.)

                                Does your landlord's insurance permit you to insure a property that is unoccupied for a period of over 30 days? I doubt it... and under this basis I was informed that the tenant was failing in his duty to look after the property, so you could repossess it on the grounds that he had abandoned his tenancy. On the basis that rent has not been paid in many months, this is fairly compelling evidence that the property has been abandoned.

                                You could try giving the Council's tenancy relations officer a phone call; they're generally helpful.

                                I suggest however some paid legal advice.

                                As for the abandoned goods: http://www.landlordzone.co.uk/uncollected_goods.htm

                                Comment

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