Tenant now trespasser on driveway and abandoned possession?

Tenant now trespasser on driveway and abandoned possession?

0:03 AM, 1st December 2023, About 3 months ago 21

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Hello, my tenant (Italian citizen) got evicted through a legal channel, however tenant started staying in the CamperVan in the driveway of the property. Tried contacting the police and local council but not much help.

I tried to write to him over email but he didn’t respond. Has anyone faced such an issue and could anyone suggest how to handle and get the tenant and his CamperVan removed from the driveway?

Besides this, he has left all his personal belongings in the property. I have tried giving him 14 days notice to take his belongings but he didn’t respond. Finally, I have moved it to Self Storage Unit (as I don’t want him to step back into the property). Also created the main items inventory and served him TORT notice with a further 14 days or else will dispose or sell his possession. So far not heard back from him.

One of his belongings is an old 2-wheeler scooter (Lambretta), which I am sure must be registered in his name as has EU/Italian number plate. If he has not collected it, am I allowed to sell this or dispose of it? I want to recover my cost of the move, storage and clearance.

Does anyone have any suggestions or advice?

Thank you,

Atul


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Comments

John Mac

10:38 AM, 1st December 2023, About 3 months ago

Why have the Police not removed a trespasser from your property?

As for possessions, not read the Tort act for a long time, but from memory once notice period is up, you can do what you like.

Are you a member of the NRLA? Use their Legal Helpline.

John Cooper

10:55 AM, 1st December 2023, About 3 months ago

Why don't you check online if the camper van has tax and Mot?.

Then just arrange to have it towed from your property onto the main road.

Judith Wordsworth

11:02 AM, 1st December 2023, About 3 months ago

The landlord also has a legal obligation to give the tenant notice of any intention to dispose of the possessions (normally 21 days). However, if you are owed money by the tenant BEFORE such notice is served, a landlord must by law retain the property for a minimum of three months before disposing of them.

The tenant has not vacated the property as is camping on the drive and you might need to contact the Bailiffs again. Did you need to use Bailiffs?

Might have difficulty selling the Lambretta as you don't have the registration papers.

TheBiggerPicture

11:57 AM, 1st December 2023, About 3 months ago

If there is no email, have you tried writing a letter and sticking on campervan?
See if it's touched.

A Jain

14:47 PM, 1st December 2023, About 3 months ago

Reply to the comment left by John Mac at 01/12/2023 - 10:38
Police is suggesting it's a civil matter, they can only take action if there is criminal offence. They don't classify trespassing a criminal act.

A Jain

14:49 PM, 1st December 2023, About 3 months ago

Reply to the comment left by John Cooper at 01/12/2023 - 10:55
I learned from Council the CamperVan has MOT and TAXed, wondering if I can tow it legally?

A Jain

14:55 PM, 1st December 2023, About 3 months ago

Reply to the comment left by Judith Wordsworth at 01/12/2023 - 11:02
Given email notice to tenant for first 2 weeks, followed by 2 week with TORT notice. Emailed him, as well stick it to CamperVan too.

But I am not sure why I need to give 3 months notice to tenant.

Yes, thanks. Looking into this option of possession order and Bailiff.

A Jain

14:57 PM, 1st December 2023, About 3 months ago

Reply to the comment left by TheBiggerPicture at 01/12/2023 - 11:57
Yes already stick the notice on the CamperVan as well on the front door of the house too. Emailed him as well. Also tried using Tracing service as expected the result was negative.

John Mac

16:00 PM, 1st December 2023, About 3 months ago

Reply to the comment left by A Jain at 01/12/2023 - 14:47Well they are lying, trespassing on Residential Property is a criminal offence.
Take it upstairs, Police & Crime Commissioner?

A Jain

16:26 PM, 1st December 2023, About 3 months ago

Reply to the comment left by John Mac at 01/12/2023 - 16:00
I already had some discussion on this with police, however their website suggests:
https://www.met.police.uk/ro/report/cd/civil-dispute/dispute-trespasser-land/?tid=1610&lid=&cid=&rid=33028&stepid=1

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