What happens if my tenant doesn’t remove her belongings?

What happens if my tenant doesn’t remove her belongings?

9:25 AM, 5th February 2024, About 3 months ago 10

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Hello, Finally, after 8 months I have had the court bailiffs in to repossess my property. However, the tenant wasn’t in and has left all her belongings, including her furniture, in the house.

I was notified by my solicitors to put a notice on the door advising the tenant to contact me within 14 days to remove her belongings.

What happenings if she doesn’t?

I need to relet the property!

Thank you,

Sanjeev


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Comments

Tessa Shepperson

10:04 AM, 5th February 2024, About 3 months ago

I would not recommend putting a notice on the door as that will encourage squatters.

The items belong to the tenant, so they are not yours to sell or throw away. You are in the position, legally, or an 'involuntary bailee'. There is a procedure you can use which will allow you to deal wth the items, which is set out in the Torts (Interference with Goods) Act 1977.

This provides for you to send a letter by registered post (they did not have email or texts in 1977!) giving the tenants a deadline to remove their possessions and information about how to collect them.

We have further details and draft letter for my Landlord Law members to use on Landlord Law https://landlordlaw.co.uk/.

In the meantime, if you want to relet the property, you can move the items out as long as you store them safely elsewhere.

Mark Porter

10:06 AM, 5th February 2024, About 3 months ago

Hi there, I found myself in a similar position when I evicted some tenants through the courts.

I rang the Letting Agent and asked them to contact the tenant requesting permission to remove their belongings to the local dump. They agreed, which the LA has on record.

Might be something you could try?

Blodwyn

10:46 AM, 5th February 2024, About 3 months ago

Tessa Shepperson has given spot on advice, with respect better than the solicitors.

Judith Wordsworth

11:59 AM, 5th February 2024, About 3 months ago

Reply to the comment left by Blodwyn at 05/02/2024 - 10:46
The advice is good but selling paid for memberships 🙁

BRACKS Mead

12:29 PM, 5th February 2024, About 3 months ago

Use the Torte Act.

Send notice and info about how to contact you and timed deadline to tenant. We used email , tenant was 'homeless' so no address to send post. Tenant confirmed reciept though.

Once deadline of notice has passed, the items are legally "abandoned" and landlord can now dispose of them. That is important.

We had professionals who assessed the property, technically the company paid for the items and removed everything with photos at each stage. Overall we had to pay £1500 for disposal of all contents.

There is often coflicting advice on this topic on this page.

I still think Torte Act is your best legal method to make the items that legally belong to tenants, to become legally abandoned.

PH

12:48 PM, 5th February 2024, About 3 months ago

Yet another ridiculous rule. The bailiffs have been, she's officially no longer the tenant but still gets in the way. What I'd like to know is 'why is the tenant evicted but not her belongings ' ? Surely they are part & parcel of the eviction.

JC

14:12 PM, 5th February 2024, About 3 months ago

Please make sure you both video and photograph all of the tenants belongings before you move them.
My advice would be to rent a storage unit and place all of their belongings there and keep your invoices for which you can ask payment from the tenant.
Please heed the previous advice regarding the Torts notice which was given by another member of Property 118
All the best and good luck with your new tenants.

David

17:13 PM, 5th February 2024, About 3 months ago

You tenancy agreement is likely to state how long you must hold the goods for before you can dispose of them. You must make proper and repeated efforts to return the items to the tenant during this period. I would also suggest you don't throw away valuable items, but if you sell them, the money belongs to the tenant, less your costs.

GlanACC

17:19 PM, 5th February 2024, About 3 months ago

I had a tenant that I turfed out and she didn't have much stuff. Gave her 14 days to remove it, which she didn't so took photographs of everything and took it down the dump. This was not a great risk as the whole lot wasn't worth more than £1500, my plan being she could sue me and if she won I would pay her the £1500. I never heard anything especially as she owed me more than £2000. If she were to win you would be allowed to offset what she owed against the award.

Jonathan Clarke

11:03 AM, 7th February 2024, About 3 months ago

I do Torts - Then store in a spare garage I keep for that purpose for 3mths just to be on the safe side - then Tip or eBay . If they are there when handing keys over I put on the Deed of Surrender a clause which they sign that gives me ownership and the authority to dispose of any of their leftovers as i see fit.

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