Allowing former tenant into property to collect possessions

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  • Allowing former tenant into property to collect possessions

    L has obtained a possession order as RA77 T has abandoned property. Vacant possession has therefore been obtained - without it court would not have granted possession order. A catch 22 situation.

    T does however have limited number of possessions remaining in property - T was not expecting to be evicted.

    Following expiry of possession order L is writing to T asking T to remove possessions. Would it be a very bad idea to allow T back into property? Should possessions be moved outside property by L?
    The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

  • #2
    I'm not an expert, but it probably depends on the disposition of the tenant. If it were me i would probably not want tenant inside but as long as eviction is legal it shouldn't be a problem.

    Your evicition case sounds interesting though, wouldn't mind more info on how that came about.
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    • #3
      I'll post the full eviction story in due course...

      T is unlikely to be friendly unless has had major makeover. I have visions of T entering property and refusing to leave - at which point we would presumably have to go back to court to get baliffs (despite already having achieved vacant possession, but subsequently lost it). T never intended to give up RA77 tenancy.
      The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

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      • #4
        Originally posted by Grange View Post
        Following expiry of possession order L is writing to T asking T to remove possessions. Would it be a very bad idea to allow T back into property? Should possessions be moved outside property by L?
        Better for L to move T's possessions to another nearby location and tell T where/when they can be collected.
        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.
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        • #5
          Thanks, Jeffrey.
          The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

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          • #6
            Originally posted by Grange View Post
            Following expiry of possession order L is writing to T asking T to remove possessions. Would it be a very bad idea to allow T back into property? Should possessions be moved outside property by L?
            Alternatively, state that possessions may only be removed by a bone-fide removal contractor.
            On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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            • #7
              Originally posted by Grange View Post
              T is unlikely to be friendly unless has had major makeover. I have visions of T entering property and refusing to leave
              Well I think you've just answered your own question, haven't you?

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              • #8
                Advise tenant that she may not enter the property - full stop. Her possessions can be collected by either a professional removal company or by a friend or relative whereby you will remain in possession of the premises the whole time.

                Alternatively, move the stuff into a garage or some other location, but be aware of claims of breakages/criminal damage or loss/theft accusations.

                On the one occasion I have had a property seemingly abandoned with goods remaining, I removed to my home some 70 miles away and stored them there because there had been a forced entry attempt to the house where they were. When the person who owned the goods popped up (who was not my tenant, but the boyfriend who had apparently been given permission by her to store his disco stuff in my house!!!!!), I required removal by a removal firm after payment of my costs - I understand later on that because the removal firm were not paid on delivery, they then exercised a lien on the same goods!!!!!!!!!

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