Can I sell a car left behind by evicted tenant?

Can I sell a car left behind by evicted tenant?

10:12 AM, 22nd April 2025, About 3 weeks ago 10

Text Size

Hi, I’ve recently evicted a tenant using the S21 route (the real reason is due to rent arrears). On the eviction day the Court Officers verbally told the tenant that he has 7 days to remove any items he left in the property and he needs to arrange a collection date with me. I also note in the AST I have a clause that says he has 14 days until I am allowed to remove and sell his items after eviction.

It’s now been 14 days and he has not removed his items. One of his items is a car parked in the drive which I think might be worth enough to clear some of the arrears.

My question is how do I enforce the 7 day or 14 day lapsed period and proceed to sell his vehicle which he has left at the property?

Thanks,

Meg

Editor’s Note: It’s important to remember that in the UK, abandoned vehicles are covered by specific laws and require a Tort notice. Property expert Julie Ford explains more about what a landlord must do if a tenant leaves possessions behind after eviction here


Share This Article


Comments

Ian

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

10:29 AM, 23rd April 2025, About 3 weeks ago

Surely without a valid V5 document you are not able to sell the car anyway?

Judith Wordsworth

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

10:52 AM, 23rd April 2025, About 3 weeks ago

No you cannot, and may even need to securely store the car for 3 months.
Any belongings tenants leave behind after eviction are still owned by the tenant and a landlord could face a legal claim for damages for selling/disposing.
Law of Tort. Torts (Interference with Goods) Act 1977 means the landlord has to follow strict procedures or face legal repercussions. ie Send a letter to the tenant by recorded delivery; if don't know where they have gone to employ a tracing agent; must provide the tenant with a reasonable amount of time for collecting belongings after eviction (2 to 4 weeks is typical).

If you follow correctly the proceedings of any sale remain the property of the tenant but a landlord may have entitlement to make deductions.

DPT

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

11:53 AM, 23rd April 2025, About 3 weeks ago

As above it would be Interference with goods. There's also no right to set-off costs, so even if you sold it, you couldn't keep the money.

Smiffy

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

18:58 PM, 23rd April 2025, About 3 weeks ago

Just move it down the road, not your problem then.

David Dean

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

19:44 PM, 23rd April 2025, About 3 weeks ago

You can report abandoned vehicles on the local council web site, it is then there responsibility to remove it.

Jonathan Willis

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

8:00 AM, 24th April 2025, About 3 weeks ago

Reply to the comment left by DPT at 23/04/2025 - 11:53
Absolutely right and This is the important bit, under Torts Act 1977. You have to give the owner the money made from the sale (minus costs). You can't use it to cover rent arrears.

OP will need to get a CCJ for the rent arrears.

Godfrey Jones

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

13:06 PM, 24th April 2025, About 3 weeks ago

Move it down the road and leave it. No longer your problem. If it's not taxed or insured might be the Police or LA remove it and tenant will face consequences.
It's your word against his that he left the car on your driveway.

Julian Lloyd

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

9:41 AM, 26th April 2025, About 3 weeks ago

Reply to the comment left by David Dean at 23/04/2025 - 19:44
Not from private property unfortunately. It needs to be on the highway for a number of months untaxed or causing an obstruction.

Puzzler

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

9:20 AM, 27th April 2025, About 3 weeks ago

Reply to the comment left by Julian Lloyd at 26/04/2025 - 09:41
That's incorrect, Julian. David is right, you can go through your local authority, check their website. I'm doing this right now. You can also contact the police, for example if it is in someone's space.

Those of you who say move it, that is bad advice, you could be in trouble for criminal damage, how will you move it without a key and you would be responsible for it if it damaged in the new location.

Paddy Murphy

Become a Member

If you login or become a member you can view this members profile, comments and posts!

Sign Up

16:41 PM, 27th April 2025, About 3 weeks ago

To sell the car you will need a V5. There is a process to get a V5 for an abandoned car.

To get a V5 (vehicle log book) in your name for an abandoned car, you'll need to follow a process involving local authorities and the DVLA. The local authority will likely handle the initial process of identifying the car as abandoned and determining its ownership. Once it's confirmed as abandoned and unclaimed, you can then apply to the DVLA to become the registered keeper and receive a V5 in your name.

Have a Google to get the exact process for your area also there are some videos on YouTube where people talk about cars that the took possession of via this process

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Automated Assistant Read More