Tenant left possessions after departure

[Alison James]

I have had a nightmare with a tenant recently. See my previous post about CP12.
She has left the property now, but she left some possessions in the property. Including (she claims) a laptop.
When I inspected the property after she left there was lots of what I would have described as rubbish. This included a black bin liner full of dirty nappies. (she is an alchoholic) There was also a dirty nappy on the floor.
I instructed someone to clear out everything except what was in the inventory I gave them.
About 6 days after the tenancy ended her carer came to the property to ask for the stuff back. The carer let herself in with the key which the tenant had retained. The property was being cleaned at the time and the cleaner said the carer could look through the bin if she wanted.
However, what she was looking for was not there.
Anyway, am I in the wrong here. The lease is silent on property left at the end of the lease.
PS The property was disposed of AFTER the tenancy had ended but before the carer came.
Ex tenant said she was intending to pay me rent for that period.

[Berlingogirl]

I can't find your post about cp12.
I'm not sure what you're asking about.
If it's the laptop, I wouldn't worry about it, after all who'd leave a laptop behind? Personally I doubt your T would be able to say you'd nicked it. The carer had a key anyway.

If the T owes you money I believe you should keep the T's for 3 months. So store the nappies and charge the T!

You can claim for arrears through the court.

[Snorkerz]

You are kind-of in the wrong - the Torts (Interference with goods) Act applies.

However, if the tenant were to take this to court, if you had a statement from the cleaners about the state of the property and the nature of the 'property' that was disposed of then
a) the judge may see your actins as reasonable; and
b) the judge would have to decide if the computer was ever there (on the balance of probabilities). I suspect judge would throw the whole claim out.

Incidentally, how did tenant leave (give notice, evicted?). I presume rent is due in advance?

[Alison James]

No rent due. Paid in advance. I evicted her.
Have just spoken to guy who got rid of the stuff. He does not remember seeing a laptop, only wires where she said it was. He said that even if he had seen it he would have binned it as he would have assummed it was broken.
The place was filthy. Flies, mice etc, so would not want to have stored anything in my house.
There was some photos but they were thrown out. Assumed they were just left. Just like the old clothes, the half eaten takeaways, stained bedding, rotting food in fride, soiled nappies etc.
Have I acted reasonably?

[Snorkerz]

I presume you evicted through the courts and therefore tenant did not have the right to stay - that deals with her claim that she intended to pay for the extra time. If it ever ends in court, do you have photos of the state of the place? It's probably irrelevant to the claim but a judge has to decide who to believe and therefore if you can legitimately discredit your opponent it is to your advantage.

Only a judge can decide if you acted reasonably - that's why we have a judicial system - but I would not worry too much.

[Alison James]

Many thanks once again. I gave her notice to quit. No court action was necessary. She did not return keys to me (still has not) She said that she had been going to give me an extra weeks rent as she had left stuff in the house. Yea right!
Out of interest, if I had kept anything of value and the damage had exceeded the deposit, would I have been able to keep her stuff until she had paid? ie a lien over her property?

[PaulF]

Many thanks once again. I gave her notice to quit. No you didn't; all that you probably served was a Notice Seeking Possession, (S.21) which means you need a court order. No court action was necessary. She did not return keys to me (still has not) If she still has keys then the tenancy hasn't ended, and she is liable to pay rent until it does end. She said that she had been going to give me an extra weeks rent as she had left stuff in the house. Yea right!

Out of interest, if I had kept anything of value and the damage had exceeded the deposit, would I have been able to keep her stuff until she had paid? ie a lien over her property?

This is a separate matter as I would say your tenancy is still in force until the keys are returned or you obtain a court order. This might prove to be expensive if your tenant takes sound independent advice

[theartfullodger]

Tenant probably still has a valid tenancy as it has not been ended by court or deed of surrender.

Tenant can sue you seriously. Suggest you offer surrender deed, maybe paying her to accept it.

[thesaint]

I can't find your post about cp12.

http://www.landlordzone.co.uk/forums...-molesting-her

I do think she is unpleasant, awkward etc, but from a tenancy point of view she is fine.

A suicidal drunk who makes false accusations of molestation. Sounds delightful.