End of tenancy and derelict car on driveway

by Readers Question

11:17 AM, 21st September 2017
About A year ago

End of tenancy and derelict car on driveway

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End of tenancy and derelict car on driveway

I have a property that is about to be vacated. The tenants have had a car on the driveway that has not moved for about 2 years.

The tires are flat, the brakes are locked solid and I’ve been told it will not start. I’m worried that the tenants will leave it behind when they vacate and would like advice on what I can reasonably do regarding how long I must store it for, how much I can charge for ‘storage’ since it will effectively just be on the drive of the property and whether or not I can legally have it taken away by a scrap yard.

Many thanks

Chris



Comments

Neil Patterson

11:41 AM, 21st September 2017
About A year ago

Hi Chris,
I am not sure I should mix up rules about storing tenants possessions and disposal with a vehicle.
There appear at first glance to be separate DVLA and traffic law rules.
I did find you can report an abandoned car on the .Gov site >> https://www.gov.uk/report-abandoned-vehicle
Maybe someone else will have specialist knowledge of this as we do have a few police people read P118.

Chris Daniel

11:47 AM, 21st September 2017
About A year ago

On Private land, .... its a 'PRIVATE' i.e. Civil matter.
To much extent,Neil, I disagree.
It should be approached in much the same way as abandoned goods. - Contacting the owner - finding this from DVLA enquiry, communicating with such, or if not known, posting a Notice on the vehicle before removal.
The problem will come in getting a scrap merchant to accept it.

terry sullivan

12:06 PM, 21st September 2017
About A year ago

surreptitiously tow it out onto road and then notify council of dumped car--problem solved?

David Price

12:22 PM, 21st September 2017
About A year ago

Reply to the comment left by terry sullivan at 21/09/2017 - 12:06
Unless you are on CCTV!

Matthew Nunns

12:28 PM, 21st September 2017
About A year ago

I'm guessing it it not the Plymouth Deluxe pictured?

It will have some value if it is!

Matthew Nunns

12:37 PM, 21st September 2017
About A year ago

On a more sensible note, would removal and disposal come out of the deposit?

If nothing else the threat of that may incentivize them to call the local scrappy and have it removed.

Certainly a conversation prior to their departure may give some guidance on whether you are going to have to worry about storage / abandonment etc.

terry sullivan

12:45 PM, 21st September 2017
About A year ago

Reply to the comment left by David Price at 21/09/2017 - 12:22
you dont do it yourself

Chris Mccauley

12:52 PM, 21st September 2017
About A year ago

Could be a restoration project for an motor .enthusiast.

Kate Mellor

16:15 PM, 21st September 2017
About A year ago

When a tenant gives me notice, I always send a letter to them outlining what is expected of them upon vacating in order for them to receive their full deposit back with no deductions and spell out any possible deductions ie cleaning, rubbish removal etc. In this case I would make specific mention of this car and remind them that it is their responsibility to remove it at the end of their tenancy. If it remains when they leave then you need to write to them giving them at least 7 days to arrange to collect/remove the car explaining that following this time you will either sell or dispose of the item yourself and deduct any of your reasonable costs for doing so from any proceeds and any balance still due would be claimed back from their deposit. Do some research to ensure you cover yourself and do everything correctly, but in short you need to give the tenant a reasonable time to remove any possessions (notified in writing), you are then free to dispose of or sell the property offsetting your reasonable costs with any remaining balance to be returned to the tenant.

reader

17:35 PM, 21st September 2017
About A year ago

Hi,
There are plenty of practical suggestions to help resolve the problem car.
With goods left behind I think the Torts Interference with Goods Act stipulates the legal steps required before a lawful disposal can be achieved. In order to give the required notice under the Act my tenancy agreements stipulate that goods left behind will become the property of the landlord including being able to dispose of them at the tenants expense. Tenants leave rubbish not works of art. Lawful disposal of rubbish is now rather an expensive exercise.

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