Getting rid of personal belongings?

by Readers Question

9:15 AM, 29th July 2016
About 2 years ago

Getting rid of personal belongings?

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Getting rid of personal belongings?

We were granted an eviction order for non payment of rent amounting to more than £3,500. The tenant was due to vacate on July 13, which she did, but removing only some of her furniture, etc. personal belongings

The remainder of her furniture, belongings, clothes and personal items are still in the house. Despite many text messages from me nothing has been removed.

Can I now clear the house and dispose of her belongings ?

Many thanks

Chris



Comments

Neil Patterson

9:20 AM, 29th July 2016
About 2 years ago

Hi Chris

From the Sheriffs Office article >> https://www.property118.com/disposing-of-goods-left-in-properties-after-eviction/83626/

In most eviction cases tenants and squatters remove everything they own from the property – and sometimes plenty of items they don’t own!

But there are instances where the occupant has disappeared and left belongings behind. So where does that leave the landlord – can he dispose of them or does he have a legal liability to look after them?

Landlord’s legal obligations

The Torts (Interference with Goods) Act 1977 makes provision for abandoned goods under S12. The goods still remain the property of the tenant (referred to as the bailor) and the landlord (referred to as an involuntary bailee) has an obligation to take care of the goods and make reasonable attempts to trace the tenant to return the goods.

Selling the goods

Under S12 of the Torts Act, if the bailor breaks an arrangement to take delivery of the goods, or the landlord/bailee is unable to trace the former tenant/bailor, then the bailee is permitted to sell the goods, provided he gives notice and has taken reasonable steps to trace the bailor.

Sale is normally by auction and the bailee is permitted to deduct from the sale proceeds costs he has incurred, for example storage and sale costs. If there are rent arrears the remaining sum may be used to offset these provided the correct procedures have been followed.

Giving notice

There is a prescribed form of notice, which must:
– Be in writing either by registered post or recorded delivery
– Specify the name and address of the bailor and give details of the goods and the address where they are held
– State that the goods are ready to be delivered to the bailor
– The place of sale and the date on or after which they will be sold, as well as which costs will be deducted from the proceeds

The notice should also be attached to the property so it can be seen.

There is no set notice period, just that it should give the bailor reasonable opportunity to take delivery of the goods. 14 days is cited by some lawyers as being appropriate. However, if the bailee wishes to demand payment for items such as sale or storage charges, then at least three months’ notice is required (schedule 1, Part II – para 6).

Neil Patterson

9:22 AM, 29th July 2016
About 2 years ago

Chris please also see the readers question "Repossession Order and what to do with tenant belongings?" >> https://www.property118.com/repossession-order-tenant-belongings/88921/

And helpful comments 🙂

Man on Stilts

11:14 AM, 29th July 2016
About 2 years ago

Hi Chris,

Following your receipt of the eviction notice, did you subsequently obtain a warrant?

I am going through the exact same thing at the moment. Please contact me via rbrouwer@outlook.com to further discuss.

Regards


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