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
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Member Since January 2015 - Comments: 41
7:57 PM, 21st September 2017, About 9 years ago
I wouls contact them, ask them have they arranged anything ref the car disposal, if the answer is they have not I would request the V5 log book, and keys, register it in your name and get it collected by any scrap dealer, tell them there is no cost but also no benefit and put the £100 approximately into your fund
If however if they tell you they are dealing with it, treat it as left behind rubbish and retain the deposit (or part) until its dealt with
Member Since November 2013 - Comments: 1130 - Articles: 2
1:00 PM, 23rd September 2017, About 9 years ago
Reply to the comment left by Kate Mellor at 21/09/2017 – 16:15A landlord’s automatic right to the proceeds of sale of tenant’s abandoned goods was abolished under The Tribunals Courts and Enforcement Act 2007 (which came into force on 6 April 2014). Since then, a landlord can only keep any proceeds of sale if this has been agreed with the tenant.
Member Since May 2015 - Comments: 2204 - Articles: 2
1:19 PM, 23rd September 2017, About 9 years ago
Reply to the comment left by Mandy Thomson at 23/09/2017 – 13:00
Does this legislation preclude deducting the cost of selling?
Member Since November 2013 - Comments: 1130 - Articles: 2
2:04 PM, 23rd September 2017, About 9 years ago
Reply to the comment left by Mandy Thomson at 23/09/2017 – 13:00
On the page I linked to in my response to Kate, there is a paragraph beginning, “There is the abolition of reserved rent to ancillary services, preventing the use of CRAR for utilities, rates, insurance, legal fees and other charges” so yes, I believe this would include fees incurred by selling.
Member Since September 2017 - Comments: 3
11:09 PM, 23rd September 2017, About 9 years ago
Reply to the comment left by terry sullivan at 21/09/2017 – 12:06
Can’t tow it – brakes are locked solid. It’s on a cul-de-sac and trying to drag it onto the main road is out of the question.
Member Since September 2017 - Comments: 3
11:15 PM, 23rd September 2017, About 9 years ago
Reply to the comment left by Kate Mellor at 21/09/2017 – 16:15
Thanks, that is basically what I thought was the correct way to go about things so its nice to have it corroborated. I’ve had conversations about them moving the car several times over the last couple of years and more recently when they gave notice. They have assured me in the last few days that it will be removed before they check out and I’ve pointed out that it will inevitably coat them money if they do not do so, but I’m not convinced that the car will be gone by Wednesday. I will post on here to let you know what happens on that date!
Member Since November 2013 - Comments: 1130 - Articles: 2
8:54 AM, 25th September 2017, About 9 years ago
Get your tenants to sign a disclaimer stating they will meet your expenses for getting rid of the car if they leave it behind.
Member Since August 2013 - Comments: 883
9:34 AM, 25th September 2017, About 9 years ago
Should the car be sold, Chris would have a statutory right to deduct his costs from the proceeds of sale, but he would still be liable to account for the remainder to the owner of the car.
Member Since September 2017 - Comments: 3
9:54 AM, 28th September 2017, About 9 years ago
Update – Thanks for all your help and suggestions! Fortunately, a happy-ish ending…. The car has been removed! I contacted them the week before and pointed out that it would cost them a lot of money to leave it behind so I think that did the trick. Unfortunately the car has left a large oil patch on the driveway so they will still be getting a cleanup bill for that but at least I can get on with preparing the property for rental again. Thanks!
Member Since May 2015 - Comments: 2204 - Articles: 2
11:29 AM, 28th September 2017, About 9 years ago
Reply to the comment left by Chris Kent at 28/09/2017 – 09:54
Provided that the patch is perfectly dry try Swarfega, its pretty good at getting rid of grease and oil. Nature will then eventually reduce the patch to insignificance. You can do the job yourself for less than a fiver.