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Old tenants have left their belongings, what can I do???

Our old tenants left the property without notice and owing some rent, but that's been sorted with the bond etc so not worried about that.

The day her contract expired she moved some of her belongings into the garage. We have tried contacting her to tell her to remove them as we are changing the locks (she never left her keys) or we are going to tip them but she said she'll come and get them when she's ready. She left the property three weeks ago.

We have new tenants who are not desperate to use the garage but we want her stuff gone. Where do we stand legally in tipping her stuff. She says some of it is her ex's Dad's - there's a moped in there too.

We have tried ringing but she's never answered calls, texting doesn't get much response. I suggested that we send a recorded letter to the only address we have for her and give her a week to clear her stuff and then we tip it. But is this OK????
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Comments

  • vaporate
    vaporate Posts: 1,955 Forumite
    From what I remember, though I could be wrong, is that 'legally' you can just leave her'his belongings outside off your property.

    Tenants responsibility for their belongings.
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  • I think sending a letter by Recorded Delivery to the only address you have for her giving her ten days to collect her belongings could only be seen as fair. I'd also text the same information. I'm not certain of the actual legalities but they can hardly take you to court if you've given them every opportunity to collect them. They obviously have your details should they want to collect them and your are patently not withholding them either. I'd consider warning her that you're thinking about charging them for the storage as your new tenants cannot use the garage and you can't charge them the full rent without use of the garage, so they are now (in theory) costing you money.
  • Colincbayley
    Colincbayley Posts: 579 Forumite
    Part of the Furniture Combo Breaker
    edited 12 February 2010 at 3:44PM
    IIRC you have a duty to store her goods for a period of 90 days ( Charge her for it ) then you can dispose of the items.

    Send her a letter/email or text if you have to to advise that you will store her goods at her cost of XYZ per day until she collects them, and give her the 90 day time limit from the date she left the property.

    After that time, you may sell the goods to cover your costs.
  • lisa76
    lisa76 Posts: 1,589 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks for the info guys, I think we'll be sending a letter on Monday stating that she's got till end of April to collect her goods and we're charging her rent.
  • lisa76 wrote: »
    Thanks for the info guys, I think we'll be sending a letter on Monday stating that she's got till end of April to collect her goods and we're charging her rent.

    Might be a good idea to have a quick look on google and see what a local storage company ( big yellow etc ) would charge, so that you can keep the costs fair.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Don't tip anything, post on Freecycle and people will come and collect! Saves you a job and maybe the planet too ...
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • lisa76
    lisa76 Posts: 1,589 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Good tip Fire Fox, actually there's also a rag and bone man that goes around the streets so maybe he'll take a lot of it too!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    "As a provider of services to consumers, the landlord is under a legal obligation to take care of tenant's possessions. The law relating to uncollected consumer goods is covered by the Torts (Interference with Goods) Act 1977"

    Quoted from Landlordzone. Quote and further detailed information can be found here.
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    G_M wrote: »
    "As a provider of services to consumers, the landlord is under a legal obligation to take care of tenant's possessions. The law relating to uncollected consumer goods is covered by the Torts (Interference with Goods) Act 1977"

    And what does it say about ex-tenants?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 12 February 2010 at 9:32PM
    Same law applies - but you weren't really asking....... were you?

    But for the sake of completeness I'll quote the previous sentence from the reference above. For answers to further questions, see the link!

    "Frequently, tenants leave goods after their tenancy has concluded. Uncollected goods and possessions left or abandoned in premises by tenants can pose a real problem for landlords."

    (my bold)
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