Disposing of chattels in repossessed flat

antrobus

This thread is basically covering the same ground as Vendor wants their stuff back! see https://forums.moneysavingexpert.com/discussion/3184790 where I think the proper legal response was provided as follows

princeofpounds wrote: »

http://www.gillhams.com/dictionary/116.cfm

a bailment was established. You have to take reasonable care of these goods and give them back.

Or you could have a look at the advice provided by the CAB on 'Keeping lost, found and uncollected goods' see http://www.adviceguide.org.uk/index/your_world/consumer_affairs/keeping_lost_found_and_uncollected_goods.htm

Careful_with_that_Axe

Wouldn't the property be viewed as having been abandoned?

poppysarah

Careful_with_that_Axe wrote: »

Wouldn't the property be viewed as having been abandoned?

Uncollected or abandoned goods

A person may leave goods which belong to them with someone else and appear to have abandoned them. Examples include:-

• uncollected goods left by a tenant in a landlord’s property

If you have uncollected or abandoned goods, you have a duty to look after them, but cannot use them or treat them as your own.
You must take good care of goods which have been left with you. You may be held legally responsible if the goods are lost, stolen or damaged while in your care. However, the amount of care you need to take depends on whether or not you have a contract with the owner.
Examples of when you have a contract with the owner include when goods have been left in your shop for repair or a tenant has moved out of your property and left their belongings behind.


Do you have a contract with the owner? Not if they're the tenants maybe, and possibly not several after someone has moved out... (After 12 months I would assume that any seasonal stuff has been noted as left behind)

It would however strike me as unfair if the number of items restricted use of part of the property.
If the loft is full I would want it emptying so I could put my stuff in. Ditto garage and any rooms.

Careful_with_that_Axe

poppysarah wrote: »

Uncollected or abandoned goods

A person may leave goods which belong to them with someone else and appear to have abandoned them. Examples include:-

• uncollected goods left by a tenant in a landlord’s property

If you have uncollected or abandoned goods, you have a duty to look after them, but cannot use them or treat them as your own.
You must take good care of goods which have been left with you. You may be held legally responsible if the goods are lost, stolen or damaged while in your care. However, the amount of care you need to take depends on whether or not you have a contract with the owner.
Examples of when you have a contract with the owner include when goods have been left in your shop for repair or a tenant has moved out of your property and left their belongings behind.


Do you have a contract with the owner? Not if they're the tenants maybe, and possibly not several after someone has moved out... (After 12 months I would assume that any seasonal stuff has been noted as left behind)

It would however strike me as unfair if the number of items restricted use of part of the property.
If the loft is full I would want it emptying so I could put my stuff in. Ditto garage and any rooms.

Interesting. Thank you!

theartfullodger

The relevant law is...

Torts (Interference with Goods) Act 1977

Think these guidelines also apply.... (with approriate changes...)
http://www.landlordzone.co.uk/uncollected_goods.htm

A suggested procedure for legally disposing of uncollected tenant's goods:

• Make every effort to trace the tenant/s to their new address or contact them through any forwarding address you may have.

•If you are owed monies you must keep goods for 3 months before disposing of them. If you are not owed money a reasonable period, typically 28 days is acceptable before selling the goods.

• Write to the tenant by registered post or recorded delivery with a legal notice. This will notify them that the goods are available for collection and that they will be kept for up to three months.

• Make sure your notice clearly identifies you as the landlord and gives full contact details for yourself as landlord and include complete contact details.

• If the goods remain unclaimed after 3 months you can sell them to a buyer, who will receive good title to them. The original owner will therefore lose all rights to the goods.

• Once you have covered your expenses in this process and any rent arrears etc, any proceeds left over will belong to the original owner - your tenant, if they should turn up and claim within six years.

I bought a repo also. had a fossilised chipolata in the grill-pan (full of congealed fat..) of the cooker and various gym-equipment bits..

Never even occurred to me the "owner" might want it back, but I think he had a legal right.

I repaired the cooker & used it for 7 years.. on reflection it wasnae my property (might not have been "theirs" if it was on finance..)

It's all very sad: some poor sod(s) [previous owners] have lost everything & then some more (they still owe the mortgage company for any shortfall,plus expenses..). Compared to your problem they have a "real" one... Yes they could have been daft or criminal, chances are it was an unplanned & unexpected tragedy..

Cheers! Merry Easter...