Lodger belongings being collected one trinket at a time?

by Readers Question

9:33 AM, 9th November 2020
About 3 weeks ago

Lodger belongings being collected one trinket at a time?

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Lodger belongings being collected one trinket at a time?

Hello, My lodger left the room alone after only 7 days of living in it. She looked like a normal person, but turned out to be very malicious and aggressive.  She left home on October 4th and from that day on hasn’t lived here any more.

However, she left all her belongings in the room and since October 4th she has harassed us with threatening calls and sent messages of threats and intimidation (just remember that she did it herself, claiming that it was not her home and not her room).  We have reported the harassment to the police, and there is an ongoing investigation for a criminal offence.

This is to illustrate the situation. Two weeks after moving out, we gave her 7 more days to take her belongings (she did not take them). She asked for a little more time. We keep all contact with her via messages on the phone, so that everything is clear. After these seven days, we gave her an official notification that by November 1st she should take her belongings (she did not do it).

On November 4th, on the advice of the police, we packed her belongings in the presence of an independent witness and moved everything from room to the porch (now 60% of the porch is pledged with her belongings). All this time, from October 4th until today, she has only come to collect some trinkets, now that all her belongings are well packed, secured with black bags and put in order.

My question: Do we have to accept that she wants to take one thing from one of the bags or can we tell her to take it all or nothing?

Many thanks

Kris


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Comments

Mike

10:29 AM, 9th November 2020
About 3 weeks ago

Doesn't that make your blood boil? but yes it is important that you do not fall into her trap, stay calm, you have reported this to the police, stay a little more patient and bear this insult, what else can you do as throwing her belongings out after the final notice expires for her to collect, you can tell her due to covid situation you will not allow her in and you will put her belongings outside for her to collect that is when she phones you or sends you a text message when she would be coming around to collect some of her things, don't let her in, when she comes ask her to stay outside due to covid rules, and start putting her bags outside and close the door and say good bye to her, get someone to video this if you can, once you have placed all her belongings outside, in her presence, it will now be up to her whether she takes them all away or leaves them behind. Do not take them back in again. This is the approach I would take, which I do not think she could challenge due to covid rules as well as you placed all her belongings outside in her presence and she is the one who chose to not take them away.

you have already given her legal ultimatums, therefore you have covered yourself against putting her goods outside in her presence. Of course there are possibly other ways too, let us see what others might come up with on here.

Yvonne Francis

13:12 PM, 9th November 2020
About 3 weeks ago

There may be a complication as to the tenancy agreement in your case?, but a Landlord, if a tenant has finally left, has to keep a tenants possessions for three months, and if you allow 21 days to notify them of your intent, you can sell or dispose of them. If you have no room to store them, you can put them in storage at their expense, but probably not advisable if you don't hold a deposit. I advise you to check online.

SimonP SimonP

19:14 PM, 9th November 2020
About 3 weeks ago

Reply to the comment left by Yvonne Francis at 09/11/2020 - 13:12
Does a lodger have the same rights as a tenant? One assumes there is no AST?

David

9:29 AM, 10th November 2020
About 3 weeks ago

The Torts Interference with Goods Act applies and landlords have to make reasonable efforts to return a tenants possessions. If you have a lodger agreement, does it include a clause about how long you will keep them after they leave? In an AST contract 14 days is common. If you dont have such a clause then I think a month is reasonable. You should tell them repeatedly the deadline and the consequences if they dont, then you can dump them at the end of the period. The so called "3 month rule" was not intended for an involuntary bailee and is only in circumstances where they owe you money anyway so I dont believe it applies. Take legal advice on this point.


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