Tenant deceased – permitted occupier not paying rent?
3 years ago | 7 comments
How to legally remove a vehicle belonging to a deceased lodger?
12:03 AM, 29th March 2023, 3 years ago
31
Hello, a licenced lodger passed away in January 2023 and left damage which I had to completely replace and his car is in the allocated parking space. He was separated from his wife since 2019 and she is now the executor of his estate. She has cleared the flat of his belongs.
Four weeks ago, in a text, I requested that she arrange for the vehicle to be removed and that she could arrange for a recovery vehicle to take the car to an MOT garage etc. She replied the vehicle is now SORNED (Statutory Off Road Notification) and she is awaiting the arrival of Registered Keeper documents from the DVLA.
Is there any way I can simply and legally remove the vehicle onto the street or have it hauled away?
Thank you,
Amina
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Member Since January 2015 - Comments: 1431 - Articles: 1
4:07 PM, 29th March 2023, About 3 years ago
No you cannot remove the vehicle without the agreement of the deceased’s executor.
As the vehicle is SORN it could be trailered to a family’s drive. Perhaps that is the next chat?
Member Since July 2014 - Comments: 53
5:22 PM, 29th March 2023, About 3 years ago
8Reply to the comment left by Judith Wordsworth at 29/03/2023 – 16:07Indeed. Her reaction was that she will contact me once she has something to notify me about. It is now 13 weeks since original incident and over 4 since i last saw her. In the interim nothing. I did mention removing vehicle to her property.
Member Since July 2014 - Comments: 53
5:25 PM, 29th March 2023, About 3 years ago
Reply to the comment left by Judith Wordsworth at 29/03/2023 – 16:07
I need to get information of sorn. On the DVLA the number plate comes up as no mot and a different vehicle
Member Since July 2014 - Comments: 53
5:34 PM, 29th March 2023, About 3 years ago
Reply to the comment left by David at 29/03/2023 – 14:00
I have been very patient and consider a recovery to remove it would have been possible, but no.
In the meanwhile the parking space will be required. Centre of town location and parking wardens on the beat am to pm.
Member Since July 2014 - Comments: 53
5:40 PM, 29th March 2023, About 3 years ago
Reply to the comment left by David Houghton at 29/03/2023 – 10:21
Thank you I will do this. She has had enough time and knows his passwords accounts. Ultimately she is now free and knows where he is….not in a bar in Sweden.
Member Since September 2021 - Comments: 213
6:11 PM, 29th March 2023, About 3 years ago
Be careful.
Are you sure you can establish that he was a lodger?
A court may hold that any agreement along the lines of “a licensed lodger” is a sham.
Member Since July 2014 - Comments: 53
6:41 PM, 29th March 2023, About 3 years ago
Reply to the comment left by SCP at 29/03/2023 – 18:11The second room held my furniture, bed and the agreement was clearly on an understanding that any day ie week i would be requiring works be carried. He signed to that effect and i entered the flat when and as relevant. GSCERT etc.
He signed that effect too
Member Since July 2013 - Comments: 1434
12:10 AM, 30th March 2023, About 3 years ago
Reply to the comment left by amarni at 29/03/2023 – 17:25
If DVLA says the number palte belongs to a different vehicle, then that suggests that there may be something illegal going on.
I suggest reporting it to the police; they may take it away.
Member Since July 2014 - Comments: 53
10:11 AM, 30th March 2023, About 3 years ago
Reply to the comment left by Michael Barnes at 30/03/2023 – 00:10
I will pop by to the police station for advice. I found it strange too. I think the vehicle may have been kept off road for a lengthy time in its history. This Mercedes salon is immaculate and probably kept in a garage.
Member Since January 2016 - Comments: 25
10:26 AM, 30th March 2023, About 3 years ago
If the car is in good condition you may find you can exercise a lien and sell the car to recover your costs and losses (or the ‘executor’ may negotiate with you).