Joint tenancy – can either evicted tenant collect all items?

Joint tenancy – can either evicted tenant collect all items?

0:01 AM, 27th November 2024, About 19 hours ago 6

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My evicted tenants were on a joint tenancy. Apparently, one tenant had moved out and the remaining tenant had to be evicted, leaving a house full of items and some unpacked. Recently, he had asked to collect, in particular, his child’s item (as he has received a Court order) Now the other tenant (the mother of the child) has asked the same from me.

Neither tenant is allowed in my property, and the mother does not want to meet with the father but wants to collect ‘her’ items and their child’s.

My question is, can either of the tenants collect all the items without the consent of the other tenant? Also, how can I cover myself so that I am not liable for any further issues?

Thanks,

C Lane

Editor’s Note: Please see Julie Ford’s article on what a landlord must do if a tenant leaves possessions behind after eviction here


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Judith Wordsworth

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12:51 PM, 27th November 2024, About 6 hours ago

Is the Tenancy "jointly and severally"?
Be a helpful landlord.
Make convenient separate dates with each tenant for them to collect their possessions and if the mother has custody of the child then she probably should collect the child's possessions.
If they have joint custody ask for an agreed list from the parents which child belongings they wish to collect and items not listed give to either parent.
They have not only lost their home but also their "family", for whatever reasons, and are probably going through tough times as is their child.

Reluctant Landlord

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14:17 PM, 27th November 2024, About 4 hours ago

letter to both stating best they come at different times given the circumstances and collect what is theirs BUT ALL personal belongings whosoevers they are must be removed at the end and the property empty as was at the start of the tenancy or the cost of disposal will be taken from the deposit.

Yvonne Francis

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14:50 PM, 27th November 2024, About 4 hours ago

Reply to the comment left by Reluctant Landlord at 27/11/2024 - 14:17
You can't just dispose of tenants' property let alone charge them for disposal. There are laws making you store them for a reasonable (ie 21 days)  length of time. The storage fees (if you still have one) can be taken for storage costs. I have this in lots of my tenancies and have had to store them in the property as they are large HMOs or even take them home. However in this case it looks as though they will be collected. 

Reluctant Landlord

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15:11 PM, 27th November 2024, About 3 hours ago

Reply to the comment left by Yvonne Francis at 27/11/2024 - 14:50I meant after the Torts process followed obviously.
I just could forsee each tenant leaving stuff that was theirs but they didn't want to take on the premise it is the others. Hence a house full of stuff for the LL to ultimately dispose of and the costs involved with that. ....

DPT

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16:15 PM, 27th November 2024, About 2 hours ago

This is the tenants business and you should not get involved in any way in what they take with them. If you do, you will be liable. If they don't trust each other that's their problem and they will both have to compromise and attend at the same time to take their stuff, whether they like it or not.

LaLo

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16:59 PM, 27th November 2024, About 2 hours ago

As others have said “they should take the lot” but the danger is - they’ll take what the want and say they’ll come back for the rest shortly - but don’t! You could find out what they want then tell them they can take half of what they want plus all the rubbish then come back for the rest of what they want later - or something like that!

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