Joint tenancy – can either evicted tenant collect all items?

Is the Tenancy "jointly and severally"?
Be a helpful landlord.
Make convenient separate dates with each tenant for them to collect their possessions and if the mother has custody of the child then she probably should collect the child's possessions.
If they have joint custody ask for an agreed list from the parents which child belongings they wish to collect and items not listed give to either parent.
They have not only lost their home but also their "family", for whatever reasons, and are probably going through tough times as is their child.

letter to both stating best they come at different times given the circumstances and collect what is theirs BUT ALL personal belongings whosoevers they are must be removed at the end and the property empty as was at the start of the tenancy or the cost of disposal will be taken from the deposit.

Reply to the comment left by Reluctant Landlord at 27/11/2024 - 14:17
You can't just dispose of tenants' property let alone charge them for disposal. There are laws making you store them for a reasonable (ie 21 days)  length of time. The storage fees (if you still have one) can be taken for storage costs. I have this in lots of my tenancies and have had to store them in the property as they are large HMOs or even take them home. However in this case it looks as though they will be collected. 

Reply to the comment left by Yvonne Francis at 27/11/2024 - 14:50I meant after the Torts process followed obviously.
I just could forsee each tenant leaving stuff that was theirs but they didn't want to take on the premise it is the others. Hence a house full of stuff for the LL to ultimately dispose of and the costs involved with that. ....

This is the tenants business and you should not get involved in any way in what they take with them. If you do, you will be liable. If they don't trust each other that's their problem and they will both have to compromise and attend at the same time to take their stuff, whether they like it or not.

As others have said “they should take the lot” but the danger is - they’ll take what the want and say they’ll come back for the rest shortly - but don’t! You could find out what they want then tell them they can take half of what they want plus all the rubbish then come back for the rest of what they want later - or something like that!

Appreciate all your replies !!
As they have cancelled 6 times to collect, they know the law so I have left everything as it is.
As both are dishonest and can turn aggressive easily. As they have been evicted, do I need to give them 21 days to collect? As the tort notice I has served says:
'I require you to remove these items within 14 days of the date of this letter, failing which I will be arranging to sell them or have them disposed of if they are unsaleable.'
I agree with 'DPT'. I'd have to grin and bear and let them collect all their items at the same visit and I state I am not liable.
Any other things I need to be mindful of? I am worry that they may not leave once they are inside. As one tenant plans to bring 4 people with them to collect even though it is a small property. is there a way legally set a time frame on the collection time?

Does your tenancy agreement correspond to the torts notice with regard to how long you'll keep the items. If so, then you're free to dispose of what's left after the expiry date provided you have made several serious attempts to remind them of the deadline. I wouldnt chuck anything obviously valuable though.

Reply to the comment left by C Lane at 27/11/2024 - 19:35The law of torts actually just says " a reasonable amount of time" it doesn't give a defined amount of days. Most people would consider 14 days enough (unless it's something unusual that couldn't be transferred to a self-store unit).

Another good reason for them both to come for collection at the same time is you don't want to be stuck in the middle of what belongs to who. If one takes the belongings of the other, they possibly could argue that you didn't take reasonable care of (or stole yourself) their belongings and ask you to pay for replacement.

Appreciate the replies. The collection date has been pushed back by another week by my evicted tenants. What conditions can be put in place when they collect?
1.agree to be videoed once on my property
2 people maximum in my property
3. All items to be collected, otherwise, they need to be removed.