Tenant left belongings?

Tenant left belongings?

15:57 PM, 20th October 2023, About 7 months ago 19

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Hello, please can I have some help? My tenant moved out 2 weeks ago but left lots of stuff. He gave a months notice and was slowly moving things out. On check-out day he dropped the keys in the letterbox before I got there at the planned time to meet, and I heard nothing more. I texted back to say I regard this as his clear and express intention to end the tenancy and I accept his action as such. I then went in.

He has left bags of clothes, toys etc and a fridge freezer. I followed up with a text message, left a voicemail, sent an email and sent a copy of the email in a letter to his previous address (lived with Dad before I let to him) all within 24 hours of him leaving the flat to give him 14 days notice to remove his stuff (as per contract)

Not heard a thing until last Sunday (Day 8 after he left). Told him that 21 Oct still stands and I can’t get there before then as I am now on holiday. If he had contacted me earlier than Day 8 I may have been able to make arrangements for him to access to remove everything! He keeps messaging to tell me he can’t get there and pick his stuff up as he doesn’t drive and I am to blame for all this and I have given him no choice.

So tomorrow – what happens if he doesn’t turn up at 10.30am? I will have to spend 3 hours getting there. There is no way I want to leave this stuff in the flat any longer. I have a removal/disposal company prebooked at 12.30 to take everything. I don’t care what is there I want it all gone. I have viewings booked all afternoon so I want this done and dusted. I need to re-let asap.

What if he shows up at 11am. Should I still let him in still but I doubt he will be able to get everything out by 12.30? What if someone else shows up to take his stuff? Do I have to give access to someone else if he isn’t there himself? I thought that the law said I am the involuntary bailee so I have a duty to protect all his stuff.

Surely I can’t let it go with anyone else even if he says its ok,or I leave myself open to then being accused of giving his stuff away and anyway I dont want to give access for a complete stranger to come into my flat.

Whats the best course of action now please?

Mark


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Comments

Marie Lee

14:15 PM, 23rd October 2023, About 7 months ago

I (and probably most people here) don't really understand what you are on about. All laws are written down. They might have come from different place, tort, common law, etc but they are all enforceable. You should read Michael Crofts' post, it is clear enough. Nevertheless, there has to be some common sense as well, as GlenACC said. And there is that old saying “the law is an ass”. However, in this case, the poster has done his best and the tenant (like many) has been very inconsiderate to say the least. I will be interested to hear the final outcome of this please Mark (original poster),

BRACKS Mead

17:41 PM, 23rd October 2023, About 7 months ago

Ive had this, this year.
The items do belong to tenant until legally recognised as "abandoned"
We used the Torte Act. Served tenant with "Abandonment Notice" stating if not collected in 21 days, the items will be cleared/sold at tenants expense.
Tenant gave us runaround too. We waited 6 weeks then paid a professional to 'buy/clear' the lot.
We had a managing agent and a specialist solicitor who helped us with this problem tenant. And this was the understood professional route.
Photos and videos are a must. As is written proof you have made significant efforts trace and inform tenant.
Honestly, if tenant turns up. Id give him the possessions. Just to get rid of the idiot from your life.

LL Minion

9:58 AM, 24th October 2023, About 7 months ago

He didn't show up at 11am. No call or contact nothing. As I told him I got some guys round to remove the bags of crap, clothes, food, blankets toys and other crud and dispose of it. Abut 18 bin liners worth. Other items left like a fridge wardrobe tables etc set aside as I coudn't get anyone to do it that day. Sent email to him yesterday to say this stuff is now going to be removed by another contractor who does bulk removal. In email made it clear that he will be charged for costs for storage of his stuff in my property from the day he left to Saturday and will be charged along with disposal costs. Ditto for the bulky items. Said all this will be claimed via the deposit (along with rent arrears) and if anything still owing after that I may then chase him via the courts. Not heard a thing. Ive been more than reasonable throughout. If any of this stuff was important he'd have been in touch again. Clearly not bothered. Done my bit.No forwarding address left either.

BRACKS Mead

10:28 AM, 24th October 2023, About 7 months ago

Reply to the comment left by LL Minion at 24/10/2023 - 09:58
Unbelievable isnt it. yes glad you got all that communication in writing. we are also gonna chase ex tenant for the costs, like you, through the court. it cost us £1500! Like any house move, it costs money. Its not a landlords job to pay for this... but we end up paying! Not the tenant. You sound resonable.

LL Minion

11:09 AM, 24th October 2023, About 7 months ago

Reply to the comment left by BRACKS Mead at 24/10/2023 - 10:28
the problem is that you know its going to cost you to do a money order and waht are the real chances of getting anything back then anyway? More stress.
Easier to up the rent now for the next person, that means slightly more deposit too. Unfair yes but thats the system. Just like good landlords get screwed over because of the bad landlords, good tenants getting the same because of bad tenants. Be so much easier if deposit was not capped. Tenants wodul be a lot better behaved if they know there was a lot more deposit to loose I think. It would never work against a good tenant but really put a nail in the head of bad tenants. After all its only the bad tenants that create the problem in the first place. Sick of rules to protect them at the expense of the majority of good tenants.

GlanACC

14:09 PM, 24th October 2023, About 7 months ago

No, ALWAYS do a money claim. Only claim £300 then it costs £35 and really does stuff the tenant for the next 6 years. As someone also pointed out after 5 3/4 years you can do a claim for the rest which will stuff them for a further 6 years. I have always done this and have actually recovered money many years later when the tenant had 'straightened their life out' and needed to get credt (for a car in this case)

LL Minion

15:06 PM, 24th October 2023, About 7 months ago

Reply to the comment left by GlanACC at 24/10/2023 - 14:09
really? Thats an option I had not thought about until now.

What happens when you go down the route of a money order then? Say the debt is £500 in total. You pay £35 to chase for £300 of it, then what if you dont have the tenant address to start with?

BRACKS Mead

16:35 PM, 24th October 2023, About 7 months ago

Reply to the comment left by LL Minion at 24/10/2023 - 15:06
Yes agree with GlanAcc.

I have a money ccj for the rent arrears. And about to claim 100% deposit via the scheme for the flat damage.

The private 'baliff' I use for the ccj are allowed to conduct a search for the ex tenant address at a cost of £50... and you can repeat every 6 months or every year to get their address.

I will do this for my ccj first. Hopefully I get the address via the baliff or rent deposit scheme communications.

Once I get address, Im gonna do a small claim court for the £1500 I paid to move ex tenant possessions.

GlanAcc has a point about just forgettng it, and moving on with YOUR life, though everyone is different. My tenant, is a nightmare, I want to warn others, via ccj / money order / small claim for as long as possible.

GlanACC

16:37 PM, 24th October 2023, About 7 months ago

The CCJ will be registered at their last address (the one they rented from you), this will not affect any future tenants or yourself. The credit reference agencies wiil keep track of the tenant and when he pops up at another address they will link the CCJ to him in the new address. It is very unlikely that you can live 'off grid' these days. If you are claiming anything then he will pop up some time. If possible when doing the moneyclaim put the tenants date of birth in as well (you can legitimately ask for this when you vet them for a tenancy). If you have no hope of getting the £1500 (you probably won't) then just ask for £300 as it will cost you less in moneyclaim fees

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