Tenant left belongings?

Tenant left belongings?

15:57 PM, 20th October 2023, About A year ago 19

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Hello, please can I have some help? My tenant moved out 2 weeks ago but left lots of stuff. He gave a months notice and was slowly moving things out. On check-out day he dropped the keys in the letterbox before I got there at the planned time to meet, and I heard nothing more. I texted back to say I regard this as his clear and express intention to end the tenancy and I accept his action as such. I then went in.

He has left bags of clothes, toys etc and a fridge freezer. I followed up with a text message, left a voicemail, sent an email and sent a copy of the email in a letter to his previous address (lived with Dad before I let to him) all within 24 hours of him leaving the flat to give him 14 days notice to remove his stuff (as per contract)

Not heard a thing until last Sunday (Day 8 after he left). Told him that 21 Oct still stands and I can’t get there before then as I am now on holiday. If he had contacted me earlier than Day 8 I may have been able to make arrangements for him to access to remove everything! He keeps messaging to tell me he can’t get there and pick his stuff up as he doesn’t drive and I am to blame for all this and I have given him no choice.

So tomorrow – what happens if he doesn’t turn up at 10.30am? I will have to spend 3 hours getting there. There is no way I want to leave this stuff in the flat any longer. I have a removal/disposal company prebooked at 12.30 to take everything. I don’t care what is there I want it all gone. I have viewings booked all afternoon so I want this done and dusted. I need to re-let asap.

What if he shows up at 11am. Should I still let him in still but I doubt he will be able to get everything out by 12.30? What if someone else shows up to take his stuff? Do I have to give access to someone else if he isn’t there himself? I thought that the law said I am the involuntary bailee so I have a duty to protect all his stuff.

Surely I can’t let it go with anyone else even if he says its ok,or I leave myself open to then being accused of giving his stuff away and anyway I dont want to give access for a complete stranger to come into my flat.

Whats the best course of action now please?

Mark


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Marie Lee

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8:33 AM, 21st October 2023, About A year ago

He's officially vacated the property and you have given him fair notice to remove his stuff. It's not your problem, that he hasn't got transport etc. As long as you are sure that you have done everything legally, if he doesn't turn up at the appointed time (he has told you in writing he will be there) when you get there, give him 30 minutes and then text him to say you are moving his stuff to the pavement. Naturally, if he doesn't come, you are not allowed to leave loads of stuff in the street, it's called fly tipping, but cross that bridge when you come to it. Note, the council will take it away, so make sure you put a notice on the stuff stating when the council will be picking it up, you should be OK. However, if there is a complaint you will have to move it until the night before the council collection day. If you are very lucky, other people might come and take it before the council arrives.

GlanACC

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8:50 AM, 21st October 2023, About A year ago

Had the same problem many years ago, strictly speaking you DO have to store the tenants stuff for a reasonable period (14 days or so) and you must prove that you have done your best to inform the tenant of this. After that time I would dispose of it but keep anything of a personal nature (photos etc, I still have several sets of keys he left behind stored in my attic - lets hope they were to a safe deposit box !) - PHOTOGRAPH what you are about to junk. In my case the tenant just buggered off so I posted a letter on the front door giving him 14 days to remove the contents, in the end it went to the tip. Gone are the days of evicting someone and just leaving their stuff on the front lawn, a clever legal begal would nail you to the wall if you did this (eg. tenant was ill and couldn't collect - even worse if he was in prison)

Marie Lee

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8:55 AM, 21st October 2023, About A year ago

You are right, of course, but it seems to me that the owner has done his best to be fair, and the tenant is just mucking him about. Of course, I didn't say just leave his stuff on the lawn but there comes a time when, with the right proofs, we have to do what we have to do.

GlanACC

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9:37 AM, 21st October 2023, About A year ago

Reply to the comment left by Marie Lee at 21/10/2023 - 08:55
Agreed, as 2 weeks had passed, I would do as I mentioned making sure everything junked is photographed. As a last check The landlords is likely to have another contact for the tenant (ie. next of kin) its worth contacting them as well

Michael Crofts

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14:47 PM, 21st October 2023, About A year ago

GlanACC

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8:37 AM, 22nd October 2023, About A year ago

Reply to the comment left by Michael Crofts at 21/10/2023 - 14:47
Excellent article, common sense really as well as law

Marie Lee

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9:23 AM, 22nd October 2023, About A year ago

Reply to the comment left by GlanACC at 22/10/2023 - 08:37
Yes, it has to be a bit of common sense in this. The owner has done his best and I am sure will continue to. It's really about proof of what's been done, messages sent/received, failure or otherwise by the tenant to be cooperative and so on. In the end, if the owner takes all the proper actions and precautions, i.e. photos etc, he will have done all he can to stay within the law.

Chris @ Possession Friend

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12:00 PM, 23rd October 2023, About A year ago

See the detailed article on our web site. Its one of the most popularly visited pages.
https://www.possessionfriend.uk/abandoned-goods/

TheMaluka

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12:34 PM, 23rd October 2023, About A year ago

When an owner occupier sells he has to move everything on removal day. Why should it be any different when a tenant moves?

GlanACC

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13:16 PM, 23rd October 2023, About A year ago

The problem with a lot of English law is that it isn't actually a written law, a lot of it is based around previous cases and what some old fool decides goes on that day (look at HMRC tax 'law; it is thicker than the bible and contradicts itself in many places) - still keeps people in jobs trying to interpret it.

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