Eviction using HCEOs

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    #31
    Understand they are express powers agreed and signed but if the theft of his goods gets to court I suspect those clauses would be deemed unfair.


    Hope things can be sorted between you.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #32
      Originally posted by theartfullodger View Post
      Understand they are express powers agreed and signed but if the theft of his goods gets to court I suspect those clauses would be deemed unfair.


      Hope things can be sorted between you.
      Who's talking about theft?

      The Office of Fair Trading (as was) published guidance on unfair terms in tenancy agreements.

      "On this point they have defined what they consider to be unfair and fair terms as follows:

      Unfair term: “In the event that the tenant's belongings are left in the property after the tenant has vacated
      it, such belongings will be deemed abandoned and the landlord may remove, sell or dispose of these
      without being liable to pay for any compensation. The tenant will be liable for all costs of removal and
      disposal or any other losses and these costs and losses may be taken out of any deposit.”

      Fair term: “The tenant will be responsible for meeting all reasonable removal and/or storage
      charges when items are left in the premises. The landlord will remove and store them for a
      maximum of one month. The landlord will notify the tenant at the last known address. If the items
      are not collected within one month, the landlord may dispose of the items and the tenant will be
      liable for the reasonable costs of disposal. The costs may be deducted from any sale proceeds or
      the deposit and if there are any costs remaining they will remain the tenant's liability.”

      Our agreement reads almost word for word in accordance with the 'fair' version. All I'm doing is clearing the property so that a) we can clean it up and get it ready for letting, and b) give the ex-tenant no reason to seek to re-enter the premises in view of the continued presence of his goods. I'm not seeking to deny him the opportunity to collect them: but he'll have to collect them from the local auctioneers sale rooms, not from me. How can that possibly be 'theft'?

      A more interesting question is whether we can require payment of the removal and storage costs before the goods are released to him. Is a bailee (involuntary or otherwise) entitled to something like a lien on goods for the reasonable costs arising out of the bailment?

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        #33
        Interesting thread
        So, did you end up paying the HCEO locksmith? They stung me in that way too as there was no mention of locksmith fees until after the event when they hit me with the sizeable bill.

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          #34
          No, but they tried telling me that I had to. I politely but firmly suggested that I didn't.

          Comment

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