Tenant's property left after abandoning house

[shuffle]

My Tenant has left the house - after paying rent habitually late a notice was served to her to vacate by 9th Aug 2010. She has paid rent up to 24th June 2010.

I took possession of the house on 27th July 2010 after I discovered the place was empty, (apart from a moped in the kitchen and some bags of clothes).

She wants her property back (as you'd expect), but she is also claiming she doesn't owe any rent as she left the house on 24th June.

If we ignore the fact that she should have given me notice that she was leaving, can I charge her storage for her property? She isn't claiming that she still has a valid tenancy agreement as she has told me in a written text that she has left the house and she has somewhere else to live.

Whilst it is clearly her property what can I do with it? As the locks have been changed the property is being held securely at the house. Can I insist on a payment for storage (equivalent to the outstanding rent perhaps!) or do I have to simply return it and lose the rent?

[mind the gap]

This is the information you need about the tenant's goods:

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

The rent owed is a separate issue, really. It is best not to confuse the two. You can pursue her through the courts for the rent from when she left to 27th July if you think it is worth it; you may if she is working, get an attachment of earnings order for it which requires her to pay you back in instalments. You may, if she does not claim the moped back (which sounds unlikely -moped owners are usually very fond of them), be able to sell it and use the money to offset the rent owed. But unless you negotiate an agreement with her in writing about using her goods (presumably just the moped, unless the clothes are Louis Vitton etc), then you cannot hold them hostage until she pays.

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Thanks Mind the Gap.

I have now discovered that the moped doesn't belong to the Tenant, but to her boyfriend (who allegedly didn't live at the property). The Police say I must keep it safely for collection, (although they will collect if it is any real hassle to me and he refuses to collect.)

Obviously I feel the tenant should pay me the back-rent and I should return the moped at the same time. Does anyone have experience of this sort of thing?

Many thanks.